The Case Book for 2017 – 2020Interpretations of the Racing Rules
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Published by World Sailing (UK) Limited, Southampton, UK
© World Sailing Limited
January 2017
Preface
The Case Book for 2017-2020 follows a complete review of all the cases
previously published and includes all new cases adopted by the World
Sailing Council since 2013. Many cases have been rewritten, some only
slightly but others extensively, to illustrate as clearly as possible the
application of the 2017-2020 racing rules. Cases are numbered
sequentially beginning with ‘1’, but there are gaps in the number sequence
as a result of past deletions. Many cases are based on actual appeals made
to a national authority under rule 70.1 or requests for confirmation or
correction made under rule 70.2. Others, in question-and-answer format,
are based on hypothetical or assumed facts; many of these are the result of
questions submitted to the World Sailing Question and Answer Panel.
New cases may be added each year in November during the World Sailing
Annual Meeting, and sometimes cases are revised or deleted. In 2018,
2019 and 2020, most likely in January, new cases and changes in existing
cases will be posted on the World Sailing website (sailing.org) and sent to
International Judges, Umpires and Race Officers, and also to national
authorities and World Sailing class associations.
The Case Book for 2017-2020 was prepared by the Case Book Working
Party: Dick Rose, Chairman, Lance Burger, Trevor Lewis, Dave Perry,
and Michael Short.
Readers with comments and suggestions are invited to send them to:
The World Sailing Case Book Working Party
World Sailing
Ariadne House
Town Quay
Southampton, Hampshire SO14 2AQ
United Kingdom
Fax: +44 23 80 635789
Email: [email protected]
John Doerr, Acting Chairman
World Sailing Racing Rules Committee
January 2017
World Sailing Regulations and Rule Interpretations
The following World Sailing Regulations govern publication of the cases in
The Case Book and the issuance of other interpretations of the racing rules.
28.3 Interpretations of the Racing Rules by World Sailing shall be
made only through publication of cases in The Case Book or of
calls in The Call Book for Match Racing or The Call Book for
Team Racing. The cases are authoritative interpretations and
explanations of the rules for all racing and the calls are
authoritative interpretations and explanations of the rules only for
match or team racing.
28.3.1 The Racing Rules Committee shall study cases…submitted in
accordance with Regulation 1, cases proposed by the Case Book
Working Party or the Racing Rules Question and Answer
Panel…and shall recommend to the Council those that it approves
for publication in The Case Book….
28.3.2 Submissions or proposals for cases…, in English and including
any necessary diagrams, shall be received at the World Sailing
Secretariat before the deadline in Regulation 15.6. If a submission
or proposal duplicates a published case…, the submission or
proposal shall state why the proposed case…is preferable.
28.3.3 The following are guidelines for publishing cases in The Case
Book:
(a) A case shall significantly clarify an important meaning of a
rule or increase the understanding of a complex rule.
(b) A case shall not duplicate one already published. When a case
is an improvement on an existing case it shall be included and
the existing case deleted.
28.4 Except for the publication of the World Sailing case and call
books, World Sailing shall not issue an authoritative interpretation
or explanation of the Racing Rules unless it is first reviewed and
approved by the Chairman of the Racing Rules Committee or a
member of the committee designated by the Chairman.
National Authority Abbreviations
ARG Federacion Argentina de Yachting
CAN Sail Canada
DEN Danish Sailing Association
GBR Royal Yachting Association
ITA Italian Sailing Federation
NED Koninklijk Nederlands Watersport Verbond
NOR Norwegian Sailing Federation
RUS Russian Yachting Federation
USA US Sailing
Labels Used for Boats in Diagrams
A, B, C, etc. Any boat, or
A Boat clear ahead
B Boat clear astern
I Inside boat
L Leeward boat
M Middle or intervening boat
O Outside boat
P Port-tack boat
S Starboard-tack boat
W Windward boat
Combinations of these letters are also used.
SECTION 1
ABSTRACTS OF CASES BY RULE NUMBER
Section 1 enables readers to find the cases that interpret a particular rule.
For example, Cases 15 and 17 interpret rule 13. The abstracts for those cases
are in this section under the heading Rule 13, While Tacking. A case’s
abstract may not mention every rule that is interpreted by the case; therefore
readers must study the case itself, in Section 2, to see how the rule has been
interpreted or illustrated.
DEFINITIONS
Definitions, Clear Astern and Clear Ahead; Overlap
CASE 12
In determining the right of an inside boat to mark-room under rule 18.2(b), it
is irrelevant that boats are on widely differing courses, provided that an
overlap exists when the first of them reaches the zone.
CASE 23
On a run, rule 19 does not apply to a starboard-tack boat that passes between two port-tack boats ahead of her. Rule 10 requires both port-tack boats to
keep clear.
CASE 33
When a boat approaching an obstruction hails for room to tack, but does so
before the time when she needs to begin the process described in rule 20 to
avoid the obstruction safely, she breaks rule 20.1(a). However, even if the
hail breaks rule 20.1(a), the hailed boat must respond. An inside overlapped
boat is entitled to room between the outside boat and an obstruction under
rule 19.2(b) even though she has tacked into the inside overlapping position.
CASE 41
A discussion of how rule 19.2(b) and the definitions Obstruction and Clear
Astern and Clear Ahead; Overlap apply when two overlapped boats on the
same tack overtake and pass to leeward of a boat ahead on the same tack.
There is no obligation to hail for room at an obstruction, but it is prudent to
do so.
CASE 43
A close-hauled port-tack boat that is sailing parallel and close to an
obstruction must keep clear of a boat that has completed her tack to starboard
and is approaching on a collision course.
CASE 91
A boat required to keep clear must keep clear of another boat’s equipment out
of its normal position when the equipment has been out of its normal position
long enough for the equipment to have been seen and avoided.
Definitions, Finish
CASE 45
When a boat fails to finish correctly because of a race committee error, but
none of the boats racing gains or loses as a result, an appropriate and fair
form of redress is to score all the boats in the order they crossed the finishing
line.
CASE 58
If a buoy or other object specified in the sailing instructions as a finishing-
line limit mark is on the post-finish side of the finishing line, a boat may
leave it on either side.
CASE 82
When a finishing line is laid so nearly in line with the last leg that it cannot be
determined which is the correct way to cross it in order to finish according to
the definition, a boat may cross the line in either direction and her finish is to
be recorded accordingly.
CASE 112
A boat that makes, and does not correct, an error in sailing the course does
not break rule 28 until she finishes. If a boat makes such an error, a second
boat may notify the first that she intends to protest before the first boat
finishes, or at the first reasonable opportunity after the first boat finishes.
CASE 128
If a boat makes an error under rule 28.2 or breaks rule 31 at the finishing line
and finishes without correcting her error or taking a penalty, she must be
scored points for the place in which she finished. She can only be penalized
for breaking rule 28.2 or rule 31 if she is protested and the protest committee
decides that she broke the rule.
CASE 129
When the course is shortened at a rounding mark, the mark becomes a
finishing mark. Rule 32.2(a) permits the race committee to position the vessel
displaying flag S at either end of the finishing line. A boat must cross the line
in accordance with the definition Finish, even if in so doing she leaves that
mark on the side opposite the side on which she would have been required to
leave it if the course had not been shortened.
Definitions, Keep Clear
CASE 30
A boat clear astern that is required to keep clear but collides with the boat
clear ahead breaks the right-of-way rule that was applicable before the
collision occurred. A boat that loses right of way by unintentionally changing
tack is nevertheless required to keep clear.
CASE 50
When a protest committee finds that in a port-starboard incident S did not
change course and that there was not a genuine and reasonable apprehension
of collision on the part of S, it should dismiss her protest. When the
committee finds that S did change course and that there was reasonable doubt
that P could have crossed ahead of S if S had not changed course, then P
should be disqualified.
CASE 77
Contact with a mark by a boat’s equipment constitutes touching it. A boat
obligated to keep clear does not break a rule when touched by a right-of-way
boat’s equipment that moves unexpectedly out of normal position.
CASE 87
A right-of-way boat need not act to avoid contact until it is clear that the other
boat is not keeping clear.
CASE 88
A boat may avoid contact and yet fail to keep clear.
CASE 91
A boat required to keep clear must keep clear of another boat’s equipment out
of its normal position when the equipment has been out of its normal position
long enough for the equipment to have been seen and avoided.
CASE 135
If a boat breaks a rule of Part 2 by failing to keep clear, the right-of way boat,
or a third boat, may be entitled to redress if she is physically damaged, even if
the damage is not caused directly by a collision with the boat that was
required to keep clear.
Definitions, Mark
CASE 58
If a buoy or other object specified in the sailing instructions as a finishing-
line limit mark is on the post-finish side of the finishing line, a boat may
leave it on either side.
Definitions, Mark-Room
CASE 15
In tacking to round a mark, a boat clear ahead must comply with rule 13; a
boat clear astern is entitled to hold her course and thereby prevent the other
from tacking.
CASE 21
When a right-of-way boat is obligated to give mark-room to a boat
overlapped inside her, there is no maximum or minimum amount of space
that she must give. The amount of space that she must give depends
significantly on the existing conditions including wind and sea conditions, the
speed of the inside boat, the sails she has set and her design characteristics.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 63
At a mark, when space is made available to a boat that is not entitled to it, she
may, at her own risk, take advantage of the space.
CASE 70
An inside overlapped windward boat that is entitled to mark-room from the
outside boat must keep clear of the outside boat and, if she is sailing outside
of the mark-room to which she is entitled, she is not exonerated if she fails to
keep clear.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
CASE 114
When a boat is entitled to room, the space she is entitled to includes space for
her to comply with her obligations under the rules of Part 2 and rule 31.
CASE 118
In the definition Mark-Room, the phrase ‘room to sail to the mark’ means
space to sail promptly in a seamanlike way to a position close to, and on the
required side of, the mark.
Definitions, Obstruction
CASE 11
When boats are overlapped at an obstruction, including an obstruction that is
a right-of-way boat, the outside boat must give the inside boat room to pass
between her and the obstruction.
CASE 23
On a run, rule 19 does not apply to a starboard-tack boat that passes between
two port-tack boats ahead of her. Rule 10 requires both port-tack boats to
keep clear.
CASE 29
A leeward boat is an obstruction to an overlapped windward boat and a third
boat clear astern. The boat clear astern may sail between the two overlapped
boats and be entitled to room from the windward boat to pass between her
and the leeward boat, provided that the windward boat has been able to give
that room from the time the overlap began.
CASE 41
A discussion of how rule 19.2(b) and the definitions Obstruction and Clear
Astern and Clear Ahead; Overlap apply when two overlapped boats on the
same tack overtake and pass to leeward of a boat ahead on the same tack.
There is no obligation to hail for room at an obstruction, but it is prudent to
do so.
CASE 117
When three boats are on the same tack and two of them are overlapped and
overtaking the third from clear astern, if the leeward boat astern becomes
overlapped with the boat ahead, the boat ahead is no longer an obstruction,
and rule 19.2(b) does not apply. There are no situations in which a row of
boats sailing close to one another is a continuing obstruction.
CASE 125
When an outside overlapped boat is required to give room to one or more
inside boats to pass an obstruction, the space she gives must be sufficient to
permit all the inside boats to comply with their obligations under the rules of
Part 2.
Definitions, Party
CASE 55
A boat cannot protest the race committee. However, she may request redress
or, if she is a party to a hearing, request that it be reopened. A boat that was
not a party to a hearing does not have the right to appeal. When she believes
that her score or place has been made significantly worse by an improper
action or omission of the race committee, her only remedy is to request
redress. She may then appeal the decision of the redress hearing.
Definitions, Proper Course
CASE 9
When a starboard-tack boat chooses to sail past a windward mark, a port-tack
boat must keep clear. There is no rule that requires a boat to sail a proper
course.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 14
When, owing to a difference of opinion about a leeward boat’s proper course,
two boats on the same tack converge, the windward boat must keep clear.
Two boats on the same leg sailing near one another may have different proper
courses.
CASE 46
A leeward boat is entitled to luff to her proper course, even when she has
established a leeward overlap from clear astern and within two of her hull
lengths of the windward boat.
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
CASE 134
A boat’s proper course at any moment depends on the existing conditions.
Some of those conditions are the wind strength and direction, the pattern of
gusts and lulls in the wind, the waves, the current, and the physical
characteristics of the boat’s hull and equipment, including the sails she is
using.
Definitions, Racing
CASE 5
A boat that is anchored during a race is still racing. A boat does not break rule
42.1 or rule 45 if, while pulling in her anchor line to recover the anchor, she
returns to her position at the time the anchor was lowered. However, if
pulling in the anchor line clearly propels her to a different position, she
breaks those rules.
CASE 68
The failure of a race committee to discover that a rating certificate is invalid
does not entitle a boat to redress. A boat that may have broken a rule and that
continues to race retains her rights under the racing rules, including her rights
under the rules of Part 2 and her rights to protest and appeal, even if she is
later disqualified.
CASE 127
A boat clears the finishing line and marks when no part of her hull, crew or
equipment is on the line, and no mark is influencing her choice of course.
Definitions, Room
CASE 21
When a right-of-way boat is obligated to give mark-room to a boat
overlapped inside her, there is no maximum or minimum amount of space
that she must give. The amount of space that she must give depends
significantly on the existing conditions including wind and sea conditions, the
speed of the inside boat, the sails she has set and her design characteristics.
CASE 24
When a boat becomes overlapped to leeward from clear astern, the other boat
must act promptly to keep clear. When she cannot do so in a seamanlike way,
she has not been given room as required by rule 15.
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
CASE 103
The phrase ‘seamanlike way’ in the definition Room refers to boat-handling
that can reasonably be expected from a competent, but not expert, crew of the
appropriate number for the boat.
CASE 114
When a boat is entitled to room, the space she is entitled to includes space for
her to comply with her obligations under the rules of Part 2 and rule 31.
CASE 118
In the definition Mark-Room, the phrase ‘room to sail to the mark’ means
space to sail promptly in a seamanlike way to a position close to, and on the
required side of, the mark.
CASE 125
When an outside overlapped boat is required to give room to one or more
inside boats to pass an obstruction, the space she gives must be sufficient to
permit all the inside boats to comply with their obligations under the rules of
Part 2.
Definitions, Rule
CASE 85
If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not
permitted to change it. If a class rule attempts to change such a rule, that class
rule is not valid and does not apply.
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
BASIC PRINCIPLES
Sportsmanship and the Rules
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
CASE 39
A race committee is not required to protest a boat. The primary responsibility
for enforcing the rules lies with the competitors.
CASE 65
When a boat knows that she has broken the Black Flag rule, she is obliged to
retire promptly. When she does not do so and then deliberately hinders
another boat in the race, she commits a breach of sportsmanship and of rule 2,
and her helmsman commits an act of misconduct.
CASE 71
A hail is not the ‘sound signal’ required when flag X is displayed. Answers to
questions arising from requests for redress after a procedural error by the race
committee.
PART 1 – FUNDAMENTAL RULES
Rule 1.1, Safety: Helping Those in Danger
CASE 20
When it is possible that a boat is in danger, another boat that gives help is
entitled to redress, even if her help was not asked for or if it is later found that
there was no danger.
Rule 2, Fair Sailing
CASE 27
A boat is not required to anticipate that another boat will break a rule. When a
boat acquires right of way as a result of her own actions, the other boat is
entitled to room to keep clear.
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
CASE 34
Hindering another boat may be a breach of rule 2 and the basis for granting
redress and for action under rule 69.2.
CASE 47
A boat that deliberately hails ‘Starboard’ when she knows she is on port tack
has not acted fairly, and has broken rule 2.
CASE 65
When a boat knows that she has broken the Black Flag rule, she is obliged to
retire promptly. When she does not do so and then deliberately hinders
another boat in the race, she commits a breach of sportsmanship and of rule 2,
and her helmsman commits an act of misconduct.
CASE 73
When, by deliberate action, L’s crew reaches out and touches W, which
action could have no other intention than to cause W to break rule 11, then L
breaks rule 2.
CASE 74
There is no rule that dictates how the helmsman or crew of a leeward boat
must sit. Contact with a windward boat does not break rule 2 unless the
helmsman’s or crew’s position is deliberately misused.
CASE 78
In a fleet race either for one-design boats or for boats racing under a handicap
or rating system, a boat may use tactics that clearly interfere with and hinder
another boat’s progress in the race, provided that, if she is protested under
rule 2 for doing so, the protest committee finds that there was a reasonable
chance of her tactics benefiting either her final ranking in the event or her
chances of gaining selection for another event or for her national team.
However, she breaks rule 2, and possibly rule 69.1(a), if while using those
tactics she intentionally breaks a rule.
CASE 138
Generally, an action by a competitor that directly affects the fairness of the
competition or failing to take an appropriate penalty when the competitor is
aware of breaking a rule, should be considered under rule 2. Any action,
including a serious breach of rule 2 or any other rule, that the committee
considers may be an act of misconduct should be considered under rule 69.
Rule 3, Acceptance of the Rules
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
PART 2 – WHEN BOATS MEET
Part 2 Preamble
CASE 19
Interpretation of the term ‘damage’.
CASE 67
When a boat is racing and meets a vessel that is not, both are bound by the
government right-of-way rules. When, under those rules, the boat racing is
required to keep clear but intentionally hits the other boat, she commits an act
of misconduct.
CASE 109
The IRPCAS or government right-of-way rules apply between boats that are
racing only if the sailing instructions say so, and in that case all of the Part 2
rules are replaced. An IRPCAS or government rule may be made to apply by
including it in the sailing instructions or in another document governing the
event.
Section A – Right of Way
Rule 10, On Opposite Tacks
CASE 9
When a starboard-tack boat chooses to sail past a windward mark, a port-tack
boat must keep clear. There is no rule that requires a boat to sail a proper
course.
CASE 23
On a run, rule 19 does not apply to a starboard-tack boat that passes between
two port-tack boats ahead of her. Rule 10 requires both port-tack boats to
keep clear.
CASE 43
A close-hauled port-tack boat that is sailing parallel and close to an
obstruction must keep clear of a boat that has completed her tack to starboard
and is approaching on a collision course.
CASE 50
When a protest committee finds that in a port-starboard incident S did not
change course and that there was not a genuine and reasonable apprehension
of collision on the part of S, it should dismiss her protest. When the
committee finds that S did change course and that there was reasonable doubt
that P could have crossed ahead of S if S had not changed course, then P
should be disqualified.
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
CASE 87
A right-of-way boat need not act to avoid contact until it is clear that the other
boat is not keeping clear.
CASE 88
A boat may avoid contact and yet fail to keep clear.
CASE 99
The fact that a boat required to keep clear is out of control does not entitle her
to exoneration for breaking a rule of Part 2. When a right-of-way boat
becomes obliged by rule 14 to ‘avoid contact . . . if reasonably possible’ and
the only way to do so is to crash-gybe, she does not break the rule if she does
not crash-gybe. When a boat’s penalty under rule 44.1(b) is to retire, and she
does so (whether because of choice or necessity), she cannot then be
disqualified.
CASE 105
When two boats are running on opposite tacks, the starboard-tack boat may
change course provided she gives the port-tack boat room to keep clear.
CASE 123
When it would be clear to a competent, but not expert, sailor at the helm of a
starboard-tack boat that there is substantial risk of contact with a port-tack
boat, the starboard-tack boat breaks rule 14 if contact occurs and there was
still time for her to change course sufficiently to avoid the contact.
Rule 11, On the Same Tack, Overlapped
CASE 7
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The proper course of
the windward boat is not relevant.
CASE 12
In determining the right of an inside boat to mark-room under rule 18.2(b), it
is irrelevant that boats are on widely differing courses, provided that an
overlap exists when the first of them reaches the zone.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 14
When, owing to a difference of opinion about a leeward boat’s proper course,
two boats on the same tack converge, the windward boat must keep clear.
Two boats on the same leg sailing near one another may have different proper
courses.
CASE 24
When a boat becomes overlapped to leeward from clear astern, the other boat
must act promptly to keep clear. When she cannot do so in a seamanlike way,
she has not been given room as required by rule 15.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 41
A discussion of how rule 19.2(b) and the definitions Obstruction and Clear
Astern and Clear Ahead; Overlap apply when two overlapped boats on the
same tack overtake and pass to leeward of a boat ahead on the same tack.
There is no obligation to hail for room at an obstruction, but it is prudent to
do so.
CASE 46
A leeward boat is entitled to luff to her proper course, even when she has
established a leeward overlap from clear astern and within two of her hull
lengths of the windward boat.
CASE 51
A protest committee must exonerate boats when, as a result of another boat’s
breach of a rule, they are all compelled to break a rule.
CASE 53
A boat clear ahead need not take any action to keep clear before being
overlapped to leeward from clear astern.
CASE 70
An inside overlapped windward boat that is entitled to mark-room from the
outside boat must keep clear of the outside boat and, if she is sailing outside
of the mark-room to which she is entitled, she is not exonerated if she fails to
keep clear.
CASE 73
When, by deliberate action, L’s crew reaches out and touches W, which
action could have no other intention than to cause W to break rule 11, then L
breaks rule 2.
CASE 74
There is no rule that dictates how the helmsman or crew of a leeward boat
must sit. Contact with a windward boat does not break rule 2 unless the
helmsman’s or crew’s position is deliberately misused.
Rule 12, On the Same Tack, Not Overlapped
CASE 2
If the first of two boats to reach the zone is clear astern when she reaches it
and if later the boats are overlapped when the other boat reaches the zone,
rule 18.2(a), and not rule 18.2(b), applies. Rule 18.2(a) applies only while
boats are overlapped and at least one of them is in the zone.
CASE 15
In tacking to round a mark, a boat clear ahead must comply with rule 13; a
boat clear astern is entitled to hold her course and thereby prevent the other
from tacking.
CASE 24
When a boat becomes overlapped to leeward from clear astern, the other boat
must act promptly to keep clear. When she cannot do so in a seamanlike way,
she has not been given room as required by rule 15.
CASE 41
A discussion of how rule 19.2(b) and the definitions Obstruction and Clear
Astern and Clear Ahead; Overlap apply when two overlapped boats on the
same tack overtake and pass to leeward of a boat ahead on the same tack.
There is no obligation to hail for room at an obstruction, but it is prudent to
do so.
CASE 77
Contact with a mark by a boat’s equipment constitutes touching it. A boat
obligated to keep clear does not break a rule when touched by a right-of-way
boat’s equipment that moves unexpectedly out of normal position.
CASE 91
A boat required to keep clear must keep clear of another boat’s equipment out
of its normal position when the equipment has been out of its normal position
long enough for the equipment to have been seen and avoided.
Rule 13, While Tacking
CASE 15
In tacking to round a mark, a boat clear ahead must comply with rule 13; a
boat clear astern is entitled to hold her course and thereby prevent the other
from tacking.
CASE 17
A boat is no longer subject to rule 13 when she is on a close-hauled course,
regardless of her movement through the water or the sheeting of her sails.
CASE 27
A boat is not required to anticipate that another boat will break a rule. When a
boat acquires right of way as a result of her own actions, the other boat is
entitled to room to keep clear.
Section B – General Limitations
Rule 14, Avoiding Contact
CASE 2
If the first of two boats to reach the zone is clear astern when she reaches it
and if later the boats are overlapped when the other boat reaches the zone,
rule 18.2(a), and not rule 18.2(b), applies. Rule 18.2(a) applies only while
boats are overlapped and at least one of them is in the zone.
CASE 7
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The proper course of
the windward boat is not relevant.
CASE 11
When boats are overlapped at an obstruction, including an obstruction that is
a right-of-way boat, the outside boat must give the inside boat room to pass
between her and the obstruction.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 14
When, owing to a difference of opinion about a leeward boat’s proper course,
two boats on the same tack converge, the windward boat must keep clear.
Two boats on the same leg sailing near one another may have different proper
courses.
CASE 23
On a run, rule 19 does not apply to a starboard-tack boat that passes between
two port-tack boats ahead of her. Rule 10 requires both port-tack boats to
keep clear.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 26
A right-of-way boat need not act to avoid a collision until it is clear that the
other boat is not keeping clear. However, if the right-of-way boat could then
have avoided the collision and the collision resulted in damage, she must be
penalized for breaking rule 14.
CASE 27
A boat is not required to anticipate that another boat will break a rule. When a
boat acquires right of way as a result of her own actions, the other boat is
entitled to room to keep clear.
CASE 30
A boat clear astern that is required to keep clear but collides with the boat
clear ahead breaks the right-of-way rule that was applicable before the
collision occurred. A boat that loses right of way by unintentionally changing
tack is nevertheless required to keep clear.
CASE 43
A close-hauled port-tack boat that is sailing parallel and close to an
obstruction must keep clear of a boat that has completed her tack to starboard
and is approaching on a collision course.
CASE 50
When a protest committee finds that in a port-starboard incident S did not
change course and that there was not a genuine and reasonable apprehension
of collision on the part of S, it should dismiss her protest. When the
committee finds that S did change course and that there was reasonable doubt
that P could have crossed ahead of S if S had not changed course, then P
should be disqualified.
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
CASE 77
Contact with a mark by a boat’s equipment constitutes touching it. A boat
obligated to keep clear does not break a rule when touched by a right-of-way
boat’s equipment that moves unexpectedly out of normal position.
CASE 81
When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
CASE 88
A boat may avoid contact and yet fail to keep clear.
CASE 91
A boat required to keep clear must keep clear of another boat’s equipment out
of its normal position when the equipment has been out of its normal position
long enough for the equipment to have been seen and avoided.
CASE 92
When a right-of-way boat changes course, the keep-clear boat is required to
act only in response to what the right-of-way boat is doing at the time, not
what the right-of-way boat might do subsequently.
CASE 99
The fact that a boat required to keep clear is out of control does not entitle her
to exoneration for breaking a rule of Part 2. When a right-of-way boat
becomes obliged by rule 14 to ‘avoid contact . . . if reasonably possible’ and
the only way to do so is to crash-gybe, she does not break the rule if she does
not crash-gybe. When a boat’s penalty under rule 44.1(b) is to retire, and she
does so (whether because of choice or necessity), she cannot then be
disqualified.
CASE 105
When two boats are running on opposite tacks, the starboard-tack boat may
change course provided she gives the port-tack boat room to keep clear.
CASE 107
During the starting sequence, a boat that is not keeping a lookout may thereby
fail to do everything reasonably possible to avoid contact. Hailing is one way
that a boat may ‘act to avoid contact’. When a boat’s breach of a rule of Part
2 causes serious damage and she then retires, she has taken the applicable
penalty and is not to be disqualified for that breach.
CASE 123
When it would be clear to a competent, but not expert, sailor at the helm of a
starboard-tack boat that there is substantial risk of contact with a port-tack
boat, the starboard-tack boat breaks rule 14 if contact occurs and there was
still time for her to change course sufficiently to avoid the contact.
Rule 14(a), Avoiding Contact
CASE 87
A right-of-way boat need not act to avoid contact until it is clear that the other
boat is not keeping clear.
Rule 14(b), Avoiding Contact
CASE 19
Interpretation of the term ‘damage’.
Rule 15, Acquiring Right of Way
CASE 2
If the first of two boats to reach the zone is clear astern when she reaches it
and if later the boats are overlapped when the other boat reaches the zone,
rule 18.2(a), and not rule 18.2(b), applies. Rule 18.2(a) applies only while
boats are overlapped and at least one of them is in the zone.
CASE 7
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The proper course of
the windward boat is not relevant.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 24
When a boat becomes overlapped to leeward from clear astern, the other boat
must act promptly to keep clear. When she cannot do so in a seamanlike way,
she has not been given room as required by rule 15.
CASE 27
A boat is not required to anticipate that another boat will break a rule. When a
boat acquires right of way as a result of her own actions, the other boat is
entitled to room to keep clear.
CASE 53
A boat clear ahead need not take any action to keep clear before being
overlapped to leeward from clear astern.
CASE 81
When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 105
When two boats are running on opposite tacks, the starboard-tack boat may
change course provided she gives the port-tack boat room to keep clear.
CASE 117
When three boats are on the same tack and two of them are overlapped and
overtaking the third from clear astern, if the leeward boat astern becomes
overlapped with the boat ahead, the boat ahead is no longer an obstruction,
and rule 19.2(b) does not apply. There are no situations in which a row of
boats sailing close to one another is a continuing obstruction.
Rule 16.1, Changing Course
CASE 6
A starboard-tack boat that tacks after a port-tack boat has borne away to go
astern of her does not necessarily break a rule.
CASE 7
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The proper course of
the windward boat is not relevant.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 14
When, owing to a difference of opinion about a leeward boat’s proper course,
two boats on the same tack converge, the windward boat must keep clear.
Two boats on the same leg sailing near one another may have different proper
courses.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 26
A right-of-way boat need not act to avoid a collision until it is clear that the
other boat is not keeping clear. However, if the right-of-way boat could then
have avoided the collision and the collision resulted in damage, she must be
penalized for breaking rule 14.
CASE 46
A leeward boat is entitled to luff to her proper course, even when she has
established a leeward overlap from clear astern and within two of her hull
lengths of the windward boat.
CASE 52
Rule 16.1 does not restrict the course of a keep-clear boat. Manoeuvring to
drive another boat away from the starting line does not necessarily break this
rule.
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
CASE 92
When a right-of-way boat changes course, the keep-clear boat is required to
act only in response to what the right-of-way boat is doing at the time, not
what the right-of-way boat might do subsequently.
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 105
When two boats are running on opposite tacks, the starboard-tack boat may
change course provided she gives the port-tack boat room to keep clear.
CASE 114
When a boat is entitled to room, the space she is entitled to includes space for
her to comply with her obligations under the rules of Part 2 and rule 31.
Rule 16.2, Changing Course
CASE 6
A starboard-tack boat that tacks after a port-tack boat has borne away to go
astern of her does not necessarily break a rule.
CASE 92
When a right-of-way boat changes course, the keep-clear boat is required to
act only in response to what the right-of-way boat is doing at the time, not
what the right-of-way boat might do subsequently.
Rule 17, On the Same Tack; Proper Course
CASE 7
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The proper course of
the windward boat is not relevant.
CASE 13
Before her starting signal, a leeward boat does not break a rule by sailing a
course higher than the windward boat’s course.
CASE 14
When, owing to a difference of opinion about a leeward boat’s proper course,
two boats on the same tack converge, the windward boat must keep clear.
Two boats on the same leg sailing near one another may have different proper
courses.
CASE 46
A leeward boat is entitled to luff to her proper course, even when she has
established a leeward overlap from clear astern and within two of her hull
lengths of the windward boat.
CASE 134
A boat’s proper course at any moment depends on the existing conditions.
Some of those conditions are the wind strength and direction, the pattern of
gusts and lulls in the wind, the waves, the current, and the physical
characteristics of the boat’s hull and equipment, including the sails she is
using.
Section C – At Marks and Obstructions
Rule 18.1, Mark-Room: When Rule 18 Applies
CASE 9
When a starboard-tack boat chooses to sail past a windward mark, a port-tack
boat must keep clear. There is no rule that requires a boat to sail a proper
course.
CASE 12
In determining the right of an inside boat to mark-room under rule 18.2(b), it
is irrelevant that boats are on widely differing courses, provided that an
overlap exists when the first of them reaches the zone.
CASE 15
In tacking to round a mark, a boat clear ahead must comply with rule 13; a
boat clear astern is entitled to hold her course and thereby prevent the other
from tacking.
CASE 26
A right-of-way boat need not act to avoid a collision until it is clear that the
other boat is not keeping clear. However, if the right-of-way boat could then
have avoided the collision and the collision resulted in damage, she must be
penalized for breaking rule 14.
CASE 81
When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
CASE 132
A boat is ‘on a beat to windward’ when the course she would sail to finish as
soon as possible in the absence of all other boats is a close-hauled course or
above.
Rule 18.2, Mark-Room: Giving Mark-Room
CASE 114
When a boat is entitled to room, the space she is entitled to includes space for
her to comply with her obligations under the rules of Part 2 and rule 31.
Rule 18.2(a), Mark-Room: Giving Mark-Room
CASE 2
If the first of two boats to reach the zone is clear astern when she reaches it
and if later the boats are overlapped when the other boat reaches the zone,
rule 18.2(a), and not rule 18.2(b), applies. Rule 18.2(a) applies only while
boats are overlapped and at least one of them is in the zone.
CASE 59
When a boat comes abreast of a mark but is outside the zone, and when her
change of course towards the mark results in a boat that is in the zone and
that was previously clear astern becoming overlapped inside her, rule 18.2(a)
requires her to give mark-room to that boat, whether or not her distance from
the mark was caused by giving mark-room to other boats overlapped inside
her.
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.2(c), Mark-Room: Giving Mark-Room
CASE 2
If the first of two boats to reach the zone is clear astern when she reaches it
and if later the boats are overlapped when the other boat reaches the zone,
rule 18.2(a), and not rule 18.2(b), applies. Rule 18.2(a) applies only while
boats are overlapped and at least one of them is in the zone.
CASE 12
In determining the right of an inside boat to mark-room under rule 18.2(b), it
is irrelevant that boats are on widely differing courses, provided that an
overlap exists when the first of them reaches the zone.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 59
When a boat comes abreast of a mark but is outside the zone, and when her
change of course towards the mark results in a boat that is in the zone and
that was previously clear astern becoming overlapped inside her, rule 18.2(a)
requires her to give mark-room to that boat, whether or not her distance from
the mark was caused by giving mark-room to other boats overlapped inside
her.
CASE 63
At a mark, when space is made available to a boat that is not entitled to it, she
may, at her own risk, take advantage of the space.
CASE 70
An inside overlapped windward boat that is entitled to mark-room from the
outside boat must keep clear of the outside boat and, if she is sailing outside
of the mark-room to which she is entitled, she is not exonerated if she fails to
keep clear.
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
CASE 81
When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
CASE 118
In the definition Mark-Room, the phrase ‘room to sail to the mark’ means
space to sail promptly in a seamanlike way to a position close to, and on the
required side of, the mark.
Rule 18.2(c)(2), Mark-Room: Giving Mark-Room
CASE 63
At a mark, when space is made available to a boat that is not entitled to it, she
may, at her own risk, take advantage of the space.
Rule 18.2(d), Mark-Room: Giving Mark-Room
CASE 15
In tacking to round a mark, a boat clear ahead must comply with rule 13; a
boat clear astern is entitled to hold her course and thereby prevent the other
from tacking.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 81
When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
Rule 18.3, Mark-Room: Tacking in the Zone
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
Rule 18.4, Mark-Room: Gybing
CASE 75
When rule 18 applies, the rules of Sections A and B apply as well. When an
inside overlapped right-of-way boat must gybe at a mark, she is entitled to
sail her proper course until she gybes. A starboard-tack boat that changes
course does not break rule 16.1 if she gives a port-tack boat adequate space to
keep clear and the port-tack boat fails to take advantage of it promptly.
Rule 19, Room to Pass an Obstruction
CASE 23
On a run, rule 19 does not apply to a starboard-tack boat that passes between
two port-tack boats ahead of her. Rule 10 requires both port-tack boats to
keep clear.
CASE 30
A boat clear astern that is required to keep clear but collides with the boat
clear ahead breaks the right-of-way rule that was applicable before the
collision occurred. A boat that loses right of way by unintentionally changing
tack is nevertheless required to keep clear.
Rule 19.2, Room to Pass an Obstruction: Giving Room at an
Obstruction
CASE 3
A leeward port-tack boat, hailing for room to tack when faced with an
oncoming starboard-tack boat, an obstruction, is not required to anticipate
that the windward boat will fail to comply with her obligation to tack
promptly or otherwise provide room.
CASE 11
When boats are overlapped at an obstruction, including an obstruction that is
a right-of-way boat, the outside boat must give the inside boat room to pass
between her and the obstruction.
CASE 29
A leeward boat is an obstruction to an overlapped windward boat and a third
boat clear astern. The boat clear astern may sail between the two overlapped
boats and be entitled to room from the windward boat to pass between her
and the leeward boat, provided that the windward boat has been able to give
that room from the time the overlap began.
CASE 33
When a boat approaching an obstruction hails for room to tack, but does so
before the time when she needs to begin the process described in rule 20 to
avoid the obstruction safely, she breaks rule 20.1(a). However, even if the
hail breaks rule 20.1(a), the hailed boat must respond. An inside overlapped
boat is entitled to room between the outside boat and an obstruction under
rule 19.2(b) even though she has tacked into the inside overlapping position.
CASE 41
A discussion of how rule 19.2(b) and the definitions Obstruction and Clear
Astern and Clear Ahead; Overlap apply when two overlapped boats on the
same tack overtake and pass to leeward of a boat ahead on the same tack.
There is no obligation to hail for room at an obstruction, but it is prudent to
do so.
CASE 43
A close-hauled port-tack boat that is sailing parallel and close to an
obstruction must keep clear of a boat that has completed her tack to starboard
and is approaching on a collision course.
CASE 49
When two protests arise from the same incident, or from very closely
connected incidents, they should be heard together in the presence of
representatives of all the boats involved.
CASE 117
When three boats are on the same tack and two of them are overlapped and
overtaking the third from clear astern, if the leeward boat astern becomes
overlapped with the boat ahead, the boat ahead is no longer an obstruction,
and rule 19.2(b) does not apply. There are no situations in which a row of
boats sailing close to one another is a continuing obstruction.
CASE 124
At any point in time while two boats are approaching an obstruction, the
right-of-way boat at that moment may choose to pass the obstruction on either
side provided that she can then comply with the applicable rules.
CASE 125
When an outside overlapped boat is required to give room to one or more
inside boats to pass an obstruction, the space she gives must be sufficient to
permit all the inside boats to comply with their obligations under the rules of
Part 2.
Rule 20, Room to Tack at an Obstruction
CASE 3
A leeward port-tack boat, hailing for room to tack when faced with an
oncoming starboard-tack boat, an obstruction, is not required to anticipate
that the windward boat will fail to comply with her obligation to tack
promptly or otherwise provide room.
CASE 10
If a boat hails for room to tack when she is neither approaching an obstruction
nor sailing close-hauled or above, she breaks rule 20.1. The hailed boat is
required to respond even if the hail breaks rule 20.1.
CASE 11
When boats are overlapped at an obstruction, including an obstruction that is
a right-of-way boat, the outside boat must give the inside boat room to pass
between her and the obstruction.
CASE 33
When a boat approaching an obstruction hails for room to tack, but does so
before the time when she needs to begin the process described in rule 20 to
avoid the obstruction safely, she breaks rule 20.1(a). However, even if the
hail breaks rule 20.1(a), the hailed boat must respond. An inside overlapped
boat is entitled to room between the outside boat and an obstruction under
rule 19.2(b) even though she has tacked into the inside overlapping position.
CASE 35
When a boat is hailed for room to tack at an obstruction and replies ‘You
tack’, and the hailing boat is then able to tack and avoid the hailed boat in a
seamanlike way, the hailed boat has complied with rule 20.2(c).
CASE 54
A boat is entitled to hail for room to tack at the time when she needs to begin
the process described in rule 20 to avoid the obstruction safely. A boat that
hails must give the hailed boat sufficient time to respond before tacking
herself. The hail must clearly convey the hailing boat’s need to tack and be
sufficiently loud to be heard in the prevailing conditions. If the hailed boat
does not respond, the hailing boat can repeat her hail if time permits, or avoid
the obstruction and protest.
CASE 101
When a boat with right of way is required to give another boat room for a
manoeuvre, right of way does not transfer to the boat entitled to room. When,
in reply to her call for room to tack when approaching an obstruction, a boat
is hailed ‘You tack’, and when she does so and is then able to tack again to
keep clear in a seamanlike way, the other boat has given the room required.
CASE 113
An explanation of the application of rule 20 when three boats sailing close-
hauled on the same tack are approaching an obstruction and the leeward-most
boat hails for room to tack, but cannot tack unless both boats to windward of
her tack.
Section D – Other Rules
Rule 21, Exoneration
CASE 11
When boats are overlapped at an obstruction, including an obstruction that is
a right-of-way boat, the outside boat must give the inside boat room to pass
between her and the obstruction.
CASE 12
In determining the right of an inside boat to mark-room under rule 18.2(b), it
is irrelevant that boats are on widely differing courses, provided that an
overlap exists when the first of them reaches the zone.
CASE 24
When a boat becomes overlapped to leeward from clear astern, the other boat
must act promptly to keep clear. When she cannot do so in a seamanlike way,
she has not been given room as required by rule 15.
CASE 25
When an inside overlapped windward boat that is entitled to mark-room takes
more space than she is entitled to, she must keep clear of the outside leeward
boat, and the outside boat may luff provided that she gives the inside boat
room to keep clear.
CASE 49
When two protests arise from the same incident, or from very closely
connected incidents, they should be heard together in the presence of
representatives of all the boats involved.
CASE 63
At a mark, when space is made available to a boat that is not entitled to it, she
may, at her own risk, take advantage of the space.
CASE 70
An inside overlapped windward boat that is entitled to mark-room from the
outside boat must keep clear of the outside boat and, if she is sailing outside
of the mark-room to which she is entitled, she is not exonerated if she fails to
keep clear.
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
CASE 124
At any point in time while two boats are approaching an obstruction, the
right-of-way boat at that moment may choose to pass the obstruction on either
side provided that she can then comply with the applicable rules.
CASE 125
When an outside overlapped boat is required to give room to one or more
inside boats to pass an obstruction, the space she gives must be sufficient to
permit all the inside boats to comply with their obligations under the rules of
Part 2.
Rule 23, Capsized, Anchored or Aground; Rescuing
CASE 5
A boat that is anchored during a race is still racing. A boat does not break rule
42.1 or rule 45 if, while pulling in her anchor line to recover the anchor, she
returns to her position at the time the anchor was lowered. However, if
pulling in the anchor line clearly propels her to a different position, she
breaks those rules.
Rule 24.2, Interfering with Another Boat
CASE 126
For the purpose of determining whether rule 24.2 applies to an incident, a
boat is sailing on the leg which is consistent with her course immediately
before the incident and her reasons for sailing that course.
PART 3 – CONDUCT OF A RACE
Rule 26, Starting Races
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
Rule 28, Sailing the Course
CASE 28
When one boat breaks a rule and, as a result, causes another to touch a mark,
the other boat is to be exonerated. The fact that a starting mark has moved,
for whatever reason, does not relieve a boat of her obligation to start. A race
committee may abandon under rule 32.1(c) only when the change in the
mark’s position has directly affected the safety or fairness of the competition.
CASE 58
If a buoy or other object specified in the sailing instructions as a finishing-
line limit mark is on the post-finish side of the finishing line, a boat may
leave it on either side.
CASE 90
When a boat’s string passes a mark on the required side, she does not break
rule 28.2 if her string, when drawn taut, also passes that mark on the non-
required side.
CASE 106
When the string representing a boat’s track lies on the required sides of
finishing marks or gate marks, it is not relevant that, when drawn taut, it also
passes one of those marks on the non-required side.
CASE 108
When taking a penalty after touching a mark, a boat need not complete a full
360° turn, and she may take her penalty while simultaneously rounding the
mark. Her turn to round the mark will serve as her penalty if it includes a tack
and a gybe, if it is carried out promptly after she is no longer touching the
mark and is well clear of other boats, and when no question of advantage
arises.
CASE 112
A boat that makes, and does not correct, an error in sailing the course does
not break rule 28 until she finishes. If a boat makes such an error, a second
boat may notify the first that she intends to protest before the first boat
finishes, or at the first reasonable opportunity after the first boat finishes.
CASE 128
If a boat makes an error under rule 28.2 or breaks rule 31 at the finishing line
and finishes without correcting her error or taking a penalty, she must be
scored points for the place in which she finished. She can only be penalized
for breaking rule 28.2 or rule 31 if she is protested and the protest committee
decides that she broke the rule.
CASE 129
When the course is shortened at a rounding mark, the mark becomes a
finishing mark. Rule 32.2(a) permits the race committee to position the vessel
displaying flag S at either end of the finishing line. A boat must cross the line
in accordance with the definition Finish, even if in so doing she leaves that
mark on the side opposite the side on which she would have been required to
leave it if the course had not been shortened.
Rule 29.1, Recalls: Individual Recall
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
CASE 71
A hail is not the ‘sound signal’ required when flag X is displayed. Answers to
questions arising from requests for redress after a procedural error by the race
committee.
CASE 79
When a boat has no reason to know that she crossed the starting line early and
the race committee fails to promptly signal ‘Individual recall’ and scores her
OCS, this is an error that significantly worsens the boat’s score through no
fault of her own, and therefore entitles her to redress.
CASE 136
In finding facts, a protest committee will be governed by the weight of
evidence. In general, a race committee member sighting the starting line is
better placed than any competing boat to decide whether a boat was over the
line at the starting signal and, if so, whether she returned and started
correctly.
Rule 30.2, Starting Penalties: Z Flag Rule
Rule 30.3, Starting Penalties: U Flag Rule
Rule 30.4, Starting Penalties: Black Flag Rule
CASE 65
When a boat knows that she has broken the Black Flag rule, she is obliged to
retire promptly. When she does not do so and then deliberately hinders
another boat in the race, she commits a breach of sportsmanship and of rule 2,
and her helmsman commits an act of misconduct.
CASE 96
When after a general recall a boat learns from seeing her sail number
displayed that she has been disqualified by the race committee under the
second sentence of rule 30.4 and believes the race committee has made a
mistake, her only option is not to start, and then to seek redress. However, if
the race committee does not display her sail number and she sails in the
restarted race, she should be scored BFD, and not DNE.
CASE 111
If a boat breaks rule 30.2 or rule 30.4 during a starting sequence that results in
a general recall, the race committee is required to penalize her even if the race
had been postponed before that starting sequence or if, during a later starting
sequence, a postponement was signalled before the starting signal.
CASE 140
How the rules apply when a boat is compelled to cross the starting line by
another boat that was breaking a rule of Part 2.
Rule 31, Touching a Mark
CASE 77
Contact with a mark by a boat’s equipment constitutes touching it. A boat
obligated to keep clear does not break a rule when touched by a right-of-way
boat’s equipment that moves unexpectedly out of normal position.
CASE 128
If a boat makes an error under rule 28.2 or breaks rule 31 at the finishing line
and finishes without correcting her error or taking a penalty, she must be
scored points for the place in which she finished. She can only be penalized
for breaking rule 28.2 or rule 31 if she is protested and the protest committee
decides that she broke the rule.
Rule 32, Shortening or Abandoning After the Start
CASE 28
When one boat breaks a rule and, as a result, causes another to touch a mark,
the other boat is to be exonerated. The fact that a starting mark has moved,
for whatever reason, does not relieve a boat of her obligation to start. A race
committee may abandon under rule 32.1(c) only when the change in the
mark’s position has directly affected the safety or fairness of the competition.
CASE 37
Each race of a regatta is a separate race. In a multi-class regatta, abandonment
may be suitable for some classes, but not for all.
CASE 129
When the course is shortened at a rounding mark, the mark becomes a
finishing mark. Rule 32.2(a) permits the race committee to position the vessel
displaying flag S at either end of the finishing line. A boat must cross the line
in accordance with the definition Finish, even if in so doing she leaves that
mark on the side opposite the side on which she would have been required to
leave it if the course had not been shortened.
Rule 36, Races Restarted or Resailed
CASE 19
Interpretation of the term ‘damage’.
PART 4 – OTHER REQUIREMENTS WHEN RACING
Rule 41, Outside Help
CASE 78
In a fleet race either for one-design boats or for boats racing under a handicap
or rating system, a boat may use tactics that clearly interfere with and hinder
another boat’s progress in the race, provided that, if she is protested under
rule 2 for doing so, the protest committee finds that there was a reasonable
chance of her tactics benefiting either her final ranking in the event or her
chances of gaining selection for another event or for her national team.
However, she breaks rule 2, and possibly rule 69.1(a), if while using those
tactics she intentionally breaks a rule.
CASE 100
When a boat asks for and receives tactical racing advice she receives outside
help, even if she asks for and receives it on a public radio channel.
CASE 120
‘Information freely available’ in rule 41(c) is information that is available
without monetary cost and that may be easily obtained by all boats in a race.
Rule 41(c) is a rule that may be changed for an event provided that the
procedure established in the rules is followed.
Rule 42, Propulsion
CASE 5
A boat that is anchored during a race is still racing. A boat does not break rule
42.1 or rule 45 if, while pulling in her anchor line to recover the anchor, she
returns to her position at the time the anchor was lowered. However, if
pulling in the anchor line clearly propels her to a different position, she
breaks those rules.
CASE 8
Repeated helm movements to position a boat to gain speed on each of a series
of waves generated by a passing vessel are not sculling unless they are
forceful, and the increase in speed is the result of a permitted use of the water
to increase speed.
CASE 69
Momentum of a boat after her preparatory signal that is the result of being
propelled by her engine before the signal does not break rule 42.1.
CASE 132
A boat is ‘on a beat to windward’ when the course she would sail to finish as
soon as possible in the absence of all other boats is a close-hauled course or
above.
Rule 43.1, Competitor Clothing and Equipment
CASE 89
Except on a windsurfer or a kiteboard, a competitor may not wear or
otherwise attach to his person a beverage container.
Rule 44.1, Penalties at the Time of an Incident: Taking a Penalty
Rule 44.2, Penalties at the Time of an Incident: One-Turn and Two-
Turns Penalties
CASE 19
Interpretation of the term ‘damage’.
CASE 99
The fact that a boat required to keep clear is out of control does not entitle her
to exoneration for breaking a rule of Part 2. When a right-of-way boat
becomes obliged by rule 14 to ‘avoid contact . . . if reasonably possible’ and
the only way to do so is to crash-gybe, she does not break the rule if she does
not crash-gybe. When a boat’s penalty under rule 44.1(b) is to retire, and she
does so (whether because of choice or necessity), she cannot then be
disqualified.
CASE 107
During the starting sequence, a boat that is not keeping a lookout may thereby
fail to do everything reasonably possible to avoid contact. Hailing is one way
that a boat may ‘act to avoid contact’. When a boat’s breach of a rule of Part
2 causes serious damage and she then retires, she has taken the applicable
penalty and is not to be disqualified for that breach.
CASE 108
When taking a penalty after touching a mark, a boat need not complete a full
360° turn, and she may take her penalty while simultaneously rounding the
mark. Her turn to round the mark will serve as her penalty if it includes a tack
and a gybe, if it is carried out promptly after she is no longer touching the
mark and is well clear of other boats, and when no question of advantage
arises.
Rule 45, Hauling Out; Making Fast; Anchoring
CASE 5
A boat that is anchored during a race is still racing. A boat does not break rule
42.1 or rule 45 if, while pulling in her anchor line to recover the anchor, she
returns to her position at the time the anchor was lowered. However, if
pulling in the anchor line clearly propels her to a different position, she
breaks those rules.
Rule 46, Person in Charge
CASE 40
Unless otherwise specifically stated in the class rules, notice of race or sailing
instructions, the owner or other person in charge of a boat is free to decide
who steers her in a race, provided that rule 46 is not broken.
Rule 48, Fog Signals and Lights; Traffic Separation Schemes
CASE 109
The IRPCAS or government right-of-way rules apply between boats that are
racing only if the sailing instructions say so, and in that case all of the Part 2
rules are replaced. An IRPCAS or government rule may be made to apply by
including it in the sailing instructions or in another document governing the
event.
Rule 49, Crew Position; Lifelines
CASE 4
A competitor may hold a sheet outboard.
CASE 36
Positioning of crew members relative to lifelines.
CASE 83
Repeated sail trimming with a competitor’s torso outside the lifelines is not
permitted.
Rule 50.3, Setting and Sheeting Sails: Use of Outriggers
CASE 4
A competitor may hold a sheet outboard.
CASE 97
A jockey pole attached to a spinnaker guy is not an outrigger.
PART 5 – PROTESTS, REDRESS, HEARINGS,
MISCONDUCT AND APPEALS
Section A – Protests; Redress; Rule 69 Action
Rule 60, Right to Protest; Right to Request Redress or Rule 69 Action
CASE 1
A boat that breaks a rule while racing but continues to race may protest over a
later incident, even though after the race she is disqualified for her breach.
CASE 19
Interpretation of the term ‘damage’.
CASE 39
A race committee is not required to protest a boat. The primary responsibility
for enforcing the rules lies with the competitors.
CASE 44
A boat is not permitted to protest a race committee for breaking a rule.
However, she may request redress, and is entitled to it when she establishes
that, through no fault of her own, an improper action or omission of the race
committee made her score or place significantly worse.
CASE 57
When a current, properly authenticated certificate has been presented in good
faith by an owner who has complied with the requirements of rule 78.1, the
final results of a race or series must stand, even though the certificate is later
withdrawn.
CASE 80
A hearing of a protest or a request for redress must be limited to the alleged
incident, action or omission. Although a boat must be scored DNF if she does
not finish according to that term’s definition, she is not to be scored DNF for
failing to sail the course correctly.
Rule 61.1, Protest Requirements: Informing the Protestee
CASE 19
Interpretation of the term ‘damage’.
CASE 72
Discussion of the word ‘flag’.
CASE 85
If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not
permitted to change it. If a class rule attempts to change such a rule, that class
rule is not valid and does not apply.
CASE 112
A boat that makes, and does not correct, an error in sailing the course does
not break rule 28 until she finishes. If a boat makes such an error, a second
boat may notify the first that she intends to protest before the first boat
finishes, or at the first reasonable opportunity after the first boat finishes.
Rule 61.2, Protest Requirements: Protest Contents
CASE 22
It is not relevant to the validity of a protest that a rule the protestor believes
was broken is not one of the rules that the protest committee later determines
to have been broken.
CASE 80
A hearing of a protest or a request for redress must be limited to the alleged
incident, action or omission. Although a boat must be scored DNF if she does
not finish according to that term’s definition, she is not to be scored DNF for
failing to sail the course correctly.
Rule 62.1, Redress
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
CASE 55
A boat cannot protest the race committee. However, she may request redress
or, if she is a party to a hearing, request that it be reopened. A boat that was
not a party to a hearing does not have the right to appeal. When she believes
that her score or place has been made significantly worse by an improper
action or omission of the race committee, her only remedy is to request
redress. She may then appeal the decision of the redress hearing.
CASE 140
How the rules apply when a boat is compelled to cross the starting line by
another boat that was breaking a rule of Part 2.
Rule 62.1(a), Redress
CASE 37
Each race of a regatta is a separate race. In a multi-class regatta, abandonment
may be suitable for some classes, but not for all.
CASE 44
A boat is not permitted to protest a race committee for breaking a rule.
However, she may request redress, and is entitled to it when she establishes
that, through no fault of her own, an improper action or omission of the race
committee made her score or place significantly worse.
CASE 45
When a boat fails to finish correctly because of a race committee error, but
none of the boats racing gains or loses as a result, an appropriate and fair
form of redress is to score all the boats in the order they crossed the finishing
line.
CASE 68
The failure of a race committee to discover that a rating certificate is invalid
does not entitle a boat to redress. A boat that may have broken a rule and that
continues to race retains her rights under the racing rules, including her rights
under the rules of Part 2 and her rights to protest and appeal, even if she is
later disqualified.
CASE 71
A hail is not the ‘sound signal’ required when flag X is displayed. Answers to
questions arising from requests for redress after a procedural error by the race
committee.
CASE 80
A hearing of a protest or a request for redress must be limited to the alleged
incident, action or omission. Although a boat must be scored DNF if she does
not finish according to that term’s definition, she is not to be scored DNF for
failing to sail the course correctly.
CASE 82
When a finishing line is laid so nearly in line with the last leg that it cannot be
determined which is the correct way to cross it in order to finish according to
the definition, a boat may cross the line in either direction and her finish is to
be recorded accordingly.
CASE 119
When a race is conducted for boats racing under a rating system, the rating
that should be used to calculate a boat’s corrected time is her rating at the
time the race is sailed. Her score should not be changed if later the rating
authority, acting on its own volition, changes her rating.
CASE 129
When the course is shortened at a rounding mark, the mark becomes a
finishing mark. Rule 32.2(a) permits the race committee to position the vessel
displaying flag S at either end of the finishing line. A boat must cross the line
in accordance with the definition Finish, even if in so doing she leaves that
mark on the side opposite the side on which she would have been required to
leave it if the course had not been shortened.
Rule 62.1(b), Redress
CASE 19
Interpretation of the term ‘damage’.
CASE 110
A boat physically damaged from contact with a boat that was breaking a rule
of Part 2 is eligible for redress only if the damage itself significantly
worsened her score or place. Contact is not necessary for one boat to cause
injury or physical damage to another. A worsening of a boat’s score or place
caused by an avoiding manoeuvre is not, by itself, grounds for redress.
‘Injury’ refers to bodily injury to a person and, in rule 62.1(b), ‘damage’ is
limited to physical damage to a boat or her equipment.
CASE 116
A discussion of redress in a situation in which a boat is damaged early in a
series, is entitled to redress under rule 62.1(b), and is prevented by the
damage from sailing the remaining races. In such a situation it is not fair to
the other boats in the series to award her average points for half or more of
the races that comprise her series score.
CASE 135
If a boat breaks a rule of Part 2 by failing to keep clear, the right-of way boat,
or a third boat, may be entitled to redress if she is physically damaged, even if
the damage is not caused directly by a collision with the boat that was
required to keep clear.
Rule 62.1(c), Redress
CASE 20
When it is possible that a boat is in danger, another boat that gives help is
entitled to redress, even if her help was not asked for or if it is later found that
there was no danger.
Rule 62.1(d), Redress
CASE 34
Hindering another boat may be a breach of rule 2 and the basis for granting
redress and for action under rule 69.2.
Rule 62.2, Redress
CASE 102
When a boat requests redress because of an incident she claims affected her
score in a race, and thus in a series, the time limit for making the request is
the time limit for the race, rather than a time limit based on the posting of the
series results.
Section B – Hearings and Decisions
Rule 63.1, Hearings: Requirement for a Hearing
CASE 1
A boat that breaks a rule while racing but continues to race may protest over a
later incident, even though after the race she is disqualified for her breach.
Rule 63.2, Hearings: Time and Place of the Hearing; Time for Parties
to Prepare
CASE 48
Part 5 of the racing rules aims to protect a boat from being unfairly treated,
not to provide loopholes for protestees. A protestee has a duty to protect
herself by acting reasonably before a hearing.
Rule 63.3, Hearings: Right to be Present
CASE 49
When two protests arise from the same incident, or from very closely
connected incidents, they should be heard together in the presence of
representatives of all the boats involved.
Rule 63.4, Hearings: Conflict of Interest
CASE 137
When deciding if a conflict of interest is significant, the protest committee
should take into account the degree of conflict, the level of the event and the
overall perception of fairness.
Rule 63.5, Hearings: Validity of the Protest or Request for Redress
CASE 19
Interpretation of the term ‘damage’.
CASE 22
It is not relevant to the validity of a protest that a rule the protestor believes
was broken is not one of the rules that the protest committee later determines
to have been broken.
Rule 63.6, Hearings: Taking Evidence and Finding Facts
CASE 104
Attempting to distinguish between facts and conclusions in a protest
committee's findings is sometimes unsatisfactory because findings may be
based partially on fact and partially on a conclusion. A national authority can
change a protest committee’s decision and any other findings that involve
reasoning or judgment, but not its findings of fact. A national authority may
derive additional facts by logical deduction. Neither written facts nor
diagrammed facts take precedence over the other. Protest committees must
resolve conflicts between facts when so required by a national authority.
CASE 136
In finding facts, a protest committee will be governed by the weight of
evidence. In general, a race committee member sighting the starting line is
better placed than any competing boat to decide whether a boat was over the
line at the starting signal and, if so, whether she returned and started
correctly.
Rule 63.7, Hearings: Conflict between Rules
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
Rule 64.1, Decisions: Penalties and Exoneration
CASE 22
It is not relevant to the validity of a protest that a rule the protestor believes
was broken is not one of the rules that the protest committee later determines
to have been broken.
CASE 26
A right-of-way boat need not act to avoid a collision until it is clear that the
other boat is not keeping clear. However, if the right-of-way boat could then
have avoided the collision and the collision resulted in damage, she must be
penalized for breaking rule 14.
Rule 64.1(a), Decisions: Penalties and Exoneration
CASE 3
A leeward port-tack boat, hailing for room to tack when faced with an
oncoming starboard-tack boat, an obstruction, is not required to anticipate
that the windward boat will fail to comply with her obligation to tack
promptly or otherwise provide room.
CASE 28
When one boat breaks a rule and, as a result, causes another to touch a mark,
the other boat is to be exonerated. The fact that a starting mark has moved,
for whatever reason, does not relieve a boat of her obligation to start. A race
committee may abandon under rule 32.1(c) only when the change in the
mark’s position has directly affected the safety or fairness of the competition.
CASE 30
A boat clear astern that is required to keep clear but collides with the boat
clear ahead breaks the right-of-way rule that was applicable before the
collision occurred. A boat that loses right of way by unintentionally changing
tack is nevertheless required to keep clear.
CASE 49
When two protests arise from the same incident, or from very closely
connected incidents, they should be heard together in the presence of
representatives of all the boats involved.
CASE 51
A protest committee must exonerate boats when, as a result of another boat’s
breach of a rule, they are all compelled to break a rule.
CASE 93
If a boat luffs immediately after she becomes overlapped to leeward of
another boat and there is no seamanlike action that would enable the other
boat to keep clear, the boat that luffed breaks rules 15 and 16.1. The other
boat breaks rule 11, but is exonerated.
CASE 95
If two overlapped boats on the same tack are on a beat to windward and are
subject to rule 18.2(b), rule 18 ceases to apply when either of them turns past
head to wind. When a boat is required to give another boat mark-room, the
space she must give includes space for the other boat to comply with rule 31.
When the boat entitled to mark-room is compelled to touch the mark while
sailing within the mark-room to which she is entitled, she is exonerated for
her breach of rule 31.
Rule 64.1(b), Decisions: Penalties and Exoneration
CASE 99
The fact that a boat required to keep clear is out of control does not entitle her
to exoneration for breaking a rule of Part 2. When a right-of-way boat
becomes obliged by rule 14 to ‘avoid contact . . . if reasonably possible’ and
the only way to do so is to crash-gybe, she does not break the rule if she does
not crash-gybe. When a boat’s penalty under rule 44.1(b) is to retire, and she
does so (whether because of choice or necessity), she cannot then be
disqualified.
CASE 107
During the starting sequence, a boat that is not keeping a lookout may thereby
fail to do everything reasonably possible to avoid contact. Hailing is one way
that a boat may ‘act to avoid contact’. When a boat’s breach of a rule of Part
2 causes serious damage and she then retires, she has taken the applicable
penalty and is not to be disqualified for that breach.
CASE 140
How the rules apply when a boat is compelled to cross the starting line by
another boat that was breaking a rule of Part 2.
Rule 64.2, Decisions: Decisions on Redress
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
CASE 45
When a boat fails to finish correctly because of a race committee error, but
none of the boats racing gains or loses as a result, an appropriate and fair
form of redress is to score all the boats in the order they crossed the finishing
line.
CASE 71
A hail is not the ‘sound signal’ required when flag X is displayed. Answers to
questions arising from requests for redress after a procedural error by the race
committee.
CASE 116
A discussion of redress in a situation in which a boat is damaged early in a
series, is entitled to redress under rule 62.1(b), and is prevented by the
damage from sailing the remaining races. In such a situation it is not fair to
the other boats in the series to award her average points for half or more of
the races that comprise her series score.
Rule 64.3(a), Decisions: Decisions on Protests Concerning Class Rules
CASE 19
Interpretation of the term ‘damage’.
Rule 66, Reopening a Hearing
CASE 115
Interpretation of the word ‘new’ as used in rule 66.
Section C – Misconduct
Rule 69, Misconduct
CASE 138
Generally, an action by a competitor that directly affects the fairness of the
competition or failing to take an appropriate penalty when the competitor is
aware of breaking a rule, should be considered under rule 2. Any action,
including a serious breach of rule 2 or any other rule, that the committee
considers may be an act of misconduct should be considered under rule 69.
Rule 69.1(a), Misconduct: Obligation not to Commit Misconduct;
Resolution
CASE 78
In a fleet race either for one-design boats or for boats racing under a handicap
or rating system, a boat may use tactics that clearly interfere with and hinder
another boat’s progress in the race, provided that, if she is protested under
rule 2 for doing so, the protest committee finds that there was a reasonable
chance of her tactics benefiting either her final ranking in the event or her
chances of gaining selection for another event or for her national team.
However, she breaks rule 2, and possibly rule 69.1(a), if while using those
tactics she intentionally breaks a rule.
Rule 69.2, Misconduct: Action by a Protest Committee
CASE 34
Hindering another boat may be a breach of rule 2 and the basis for granting
redress and for action under rule 69.2.
CASE 65
When a boat knows that she has broken the Black Flag rule, she is obliged to
retire promptly. When she does not do so and then deliberately hinders
another boat in the race, she commits a breach of sportsmanship and of rule 2,
and her helmsman commits an act of misconduct.
CASE 67
When a boat is racing and meets a vessel that is not, both are bound by the
government right-of-way rules. When, under those rules, the boat racing is
required to keep clear but intentionally hits the other boat, she commits an act
of misconduct.
CASE 122
An interpretation of the term ‘comfortable satisfaction’ and an example of its
use.
CASE 139
Examples illustrating when it would be ‘appropriate’ under rule 69.2(j)(3) to
report a rule 69 incident to a national authority or World Sailing.
Section D – Appeals
Rule 70.1, Appeals and Requests to a National Authority
CASE 55
A boat cannot protest the race committee. However, she may request redress
or, if she is a party to a hearing, request that it be reopened. A boat that was
not a party to a hearing does not have the right to appeal. When she believes
that her score or place has been made significantly worse by an improper
action or omission of the race committee, her only remedy is to request
redress. She may then appeal the decision of the redress hearing.
CASE 104
Attempting to distinguish between facts and conclusions in a protest
committee's findings is sometimes unsatisfactory because findings may be
based partially on fact and partially on a conclusion. A national authority can
change a protest committee’s decision and any other findings that involve
reasoning or judgment, but not its findings of fact. A national authority may
derive additional facts by logical deduction. Neither written facts nor
diagrammed facts take precedence over the other. Protest committees must
resolve conflicts between facts when so required by a national authority.
Rule 71.4, National Authority Decisions
CASE 61
When the decision of a protest committee is changed or reversed upon appeal,
the final standings and the awards must be adjusted accordingly.
PART 6 – ENTRY AND QUALIFICATION
Rule 75.1, Entering a Race
CASE 40
Unless otherwise specifically stated in the class rules, notice of race or sailing
instructions, the owner or other person in charge of a boat is free to decide
who steers her in a race, provided that rule 46 is not broken.
Rule 78, Compliance with Class Rules; Certificates
CASE 57
When a current, properly authenticated certificate has been presented in good
faith by an owner who has complied with the requirements of rule 78.1, the
final results of a race or series must stand, even though the certificate is later
withdrawn.
CASE 131
At the end of an event, if a boat has broken rule 78.2 by not producing a
required certificate or arranging for its existence to be verified, the race
committee is required, without a hearing, to score her ‘DSQ’ for all races of
the event.
PART 7 – RACE ORGANIZATION
Rule 84, Governing Rules
CASE 44
A boat is not permitted to protest a race committee for breaking a rule.
However, she may request redress, and is entitled to it when she establishes
that, through no fault of her own, an improper action or omission of the race
committee made her score or place significantly worse.
CASE 66
A race committee may not change, or refuse to implement, the decision of a
protest committee, including a decision based on a report from an authority
responsible for interpreting the class rules.
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
Rule 85, Changes to Rules
CASE 121
The procedure that must be followed in order to change a racing rule for an
event is described in detail.
Rule 86, Changes to the Racing Rules
CASE 32
A competitor is entitled to look exclusively to written sailing instructions and
to any written amendments for all details relating to sailing the course.
CASE 85
If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not
permitted to change it. If a class rule attempts to change such a rule, that class
rule is not valid and does not apply.
CASE 121
The procedure that must be followed in order to change a racing rule for an
event is described in detail.
Rule 87, Changes to Class Rules
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
Rule 88.2, National Prescriptions: Changes to Prescriptions
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
Rule 90.2(c), Race Committee; Sailing Instructions; Scoring: Sailing
Instructions
CASE 32
A competitor is entitled to look exclusively to written sailing instructions and
to any written amendments for all details relating to sailing the course.
APPENDIX A – SCORING
Rule A3, Starting Times and Finishing Places
CASE 119
When a race is conducted for boats racing under a rating system, the rating
that should be used to calculate a boat’s corrected time is her rating at the
time the race is sailed. Her score should not be changed if later the rating
authority, acting on its own volition, changes her rating.
Rule A5, Scores Determined by the Race Committee
CASE 28
When one boat breaks a rule and, as a result, causes another to touch a mark,
the other boat is to be exonerated. The fact that a starting mark has moved,
for whatever reason, does not relieve a boat of her obligation to start. A race
committee may abandon under rule 32.1(c) only when the change in the
mark’s position has directly affected the safety or fairness of the competition.
CASE 80
A hearing of a protest or a request for redress must be limited to the alleged
incident, action or omission. Although a boat must be scored DNF if she does
not finish according to that term’s definition, she is not to be scored DNF for
failing to sail the course correctly.
CASE 128
If a boat makes an error under rule 28.2 or breaks rule 31 at the finishing line
and finishes without correcting her error or taking a penalty, she must be
scored points for the place in which she finished. She can only be penalized
for breaking rule 28.2 or rule 31 if she is protested and the protest committee
decides that she broke the rule.
CASE 131
At the end of an event, if a boat has broken rule 78.2 by not producing a
required certificate or arranging for its existence to be verified, the race
committee is required, without a hearing, to score her ‘DSQ’ for all races of
the event.
Rule A10, Guidance on Redress
CASE 116
A discussion of redress in a situation in which a boat is damaged early in a
series, is entitled to redress under rule 62.1(b), and is prevented by the
damage from sailing the remaining races. In such a situation it is not fair to
the other boats in the series to award her average points for half or more of
the races that comprise her series score.
APPENDIX J – NOTICE OF RACE AND SAILING
INSTRUCTIONS
Rule J1, Notice of Race Contents
Rule J2, Sailing Instruction Contents
CASE 98
The rules listed in the definition Rule apply to races governed by The Racing
Rules of Sailing whether or not the notice of race or sailing instructions
explicitly state that they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all of the
prescriptions of the national authority. Generally, neither the notice of race
nor the sailing instructions may change a class rule. When a boat races under
a handicapping or rating system, the rules of that system apply, and some or
all of her class rules may apply as well. When the notice of race conflicts with
the sailing instructions, neither takes precedence.
CASE 121
The procedure that must be followed in order to change a racing rule for an
event is described in detail.
APPENDIX R – PROCEDURES FOR APPEALS AND
REQUESTS
Rule R5, Inadequate Facts; Reopening
CASE 104
Attempting to distinguish between facts and conclusions in a protest
committee's findings is sometimes unsatisfactory because findings may be
based partially on fact and partially on a conclusion. A national authority can
change a protest committee’s decision and any other findings that involve
reasoning or judgment, but not its findings of fact. A national authority may
derive additional facts by logical deduction. Neither written facts nor
diagrammed facts take precedence over the other. Protest committees must
resolve conflicts between facts when so required by a national authority.
RACE SIGNALS
Race Signals: Recall Signals, X
CASE 31
When the correct visual recall signal for individual recall is made but the
required sound signal is not, and when a recalled boat in a position to hear a
sound signal does not see the visual signal and does not return, she is entitled
to redress. However, if she realizes she is on the course side of the line she
must return and start correctly.
INTERNATIONAL REGULATIONS FOR PREVENTING
COLLISIONS AT SEA
CASE 38
The International Regulations for Preventing Collisions at Sea (IRPCAS) are
intended to ensure the safety of vessels at sea by precluding situations that
might lead to collisions. When the IRPCAS right-of-way rules replace the
rules of Part 2, they effectively prohibit a right-of-way boat from changing
course towards the boat obligated to keep clear when she is close to that boat.
CASE 109
The IRPCAS or government right-of-way rules apply between boats that are
racing only if the sailing instructions say so, and in that case all of the Part 2
rules are replaced. An IRPCAS or government rule may be made to apply by
including it in the sailing instructions or in another document governing the
event.
SECTION 2
CASES
CASE 1
Rule 60.1, Right to Protest; Right to Request Redress or Rule 69
Action
Rule 63.1, Hearings: Requirement for a Hearing
A boat that breaks a rule while racing but continues to race
may protest over a later incident, even though after the
race she is disqualified for her breach.
Facts
Boats A, B and C are racing with others. After an incident between A and
B, A hails ‘Protest!’ and displays her protest flag, but B does not take a
penalty. Later, B protests a third boat, C, after a second incident. The
protest committee hears A’s protest against B and disqualifies B.
Question
Does this disqualification invalidate B’s protest against C?
Answer
No. When a boat continues to race after an alleged breach of a rule, her
rights and obligations under the rules do not change. Consequently, even
though A’s protest against B is upheld, the protest committee must hear
B’s protest against C and, if B’s protest is valid and the protest committee
is satisfied from the evidence that C broke a rule, C must be disqualified.
GBR 1962/25
CASE 2
Rule 12, On the Same Tack, Not Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 18.2(a), Mark-Room: Giving Mark-Room
Rule 18.2(b), Mark-Room: Giving Mark-Room
If the first of two boats to reach the zone is clear astern
when she reaches it and if later the boats are overlapped
when the other boat reaches the zone, rule 18.2(a), and not
rule 18.2(b), applies. Rule 18.2(a) applies only while boats
are overlapped and at least one of them is in the zone.
Facts
A and B were both on port tack, reaching to a mark to be left to starboard.
The wind was light. At position 1, when A came abreast of the mark she
was clear ahead of B but four-and-a-half hull lengths from the mark. B,
which had just reached the zone, was three lengths from the mark.
Between positions 1 and 2 A gybed and headed to the mark, becoming
overlapped outside B. Between positions 2 and 3, after B had gybed and
turned towards the next mark, she became clear ahead of A. When B first
became clear ahead of A there was about one-half of a hull length of open
water between the boats. A few seconds after B became clear ahead, A,
who was moving faster, struck B on the transom. There was no damage or
injury. A protested B under rule 18.2(b). B protested A under rule 12. A
was disqualified and she appealed.
Decision
A apparently believed that the second sentence of rule 18.2(b) applied
when the two boats were at position 1 and that B, then being clear astern,
was obliged to give A mark-room. As that sentence states, it applies only if
a boat was clear ahead when she reached the zone. At position 1, B had
reached the zone, but A was well outside it. Moreover, the first sentence of
rule 18.2(b) never applied because the boats were not overlapped when B,
the first of them to reach the zone, did so. However, while the boats were
overlapped, rule 18.2(a) did apply, and it required A to give mark-room to
B. During that time B had to keep clear of A, first under rule 10 and later
(after she gybed) under rule 11.
After B gybed she pulled clear ahead of A. At that moment rules 18.2(a)
and 11 ceased to apply and rules 12 and 15 began to apply. Rule 15
required B initially to give A room to keep clear, and B did so because it
would have been easy for A to keep clear by promptly bearing off slightly
to avoid B’s transom after B became clear ahead. When A hit B’s transom,
she obviously was not keeping clear of B, and so it was proper to
disqualify A for breaking rule 12. A also broke rule 14 because it was
possible for her to bear off slightly and avoid the contact with B.
After it became clear that A was not going to keep clear of B, it was
probably not possible for B to avoid the contact. However, even if B could
have avoided the contact, she would have been exonerated under rule
14(b) because she was the right-of-way boat and the contact did not cause
damage or injury.
The appeal is dismissed, the protest committee’s decision is upheld, and A
remains disqualified for breaking rules 12 and 14.
USA 1962/87
CASE 3
Rule 19.2(a), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 20, Room to Tack at an Obstruction
Rule 64.1(a), Decisions: Penalties and Exoneration
A leeward port-tack boat, hailing for room to tack when
faced with an oncoming starboard-tack boat, an
obstruction, is not required to anticipate that the windward
boat will fail to comply with her obligation to tack promptly
or otherwise provide room.
Facts
S hailed PL as the two dinghies approached each other on collision
courses. PL then twice hailed ‘Room to tack’, but PW did not respond. PL,
now unable to keep clear of S, hailed a third time, and PW then began to
tack. At that moment, S, which was then within three feet (1 m) of PL, had
to bear away sharply to avoid a collision. PW retired and S protested PL
under rule 10. The protest committee disqualified PL observing that, not
having had a timely response from PW, she should have used her right to
luff and forced PW to tack.
PL appealed, claiming that:
(1) she had no right to force PW onto the opposite tack;
(2) even with both of them head to wind, S would still have had to
change course to avoid a collision; and
(3) she had foreseen the development and had hailed PW in ample time.
Decision
PL’s appeal is upheld. PL is to be reinstated. Because S was an obstruction
to PL and PW, PL, as the right-of-way boat, was entitled under rule
19.2(a) to choose between bearing away and hailing for room to tack (see
rule 20.1). Having decided to tack and having hailed for room to do so
three times, PL was entitled by rules 20.2(b) and 20.2(c) to expect that PW
would respond and give her room to tack. She was not obliged to
anticipate PW’s failure to comply with rules 20.2(b) and 20.2(c). PL broke
rule 10, but she is exonerated as the innocent victim of another boat’s
breach of a rule, under the provisions of rule 64.1(a).
GBR 1962/37
CASE 4
Rule 49, Crew Position; Lifelines
Rule 50.3(a), Setting and Sheeting Sails: Use of Outriggers
A competitor may hold a sheet outboard.
Question
Is it permissible for a competitor to hold the sheet of a headsail or
spinnaker outboard?
Answer
Rule 50.3(a) prohibits the use of an outrigger and defines it to be a fitting
or other device. A competitor is neither a fitting nor a device. It is
therefore permissible for a competitor to hold a sheet outboard, provided
that rule 49 is complied with.
GBR 1962/41
CASE 5
Definitions, Racing
Rule 23, Capsized, Anchored or Aground; Rescuing
Rule 42.1, Propulsion: Basic Rule
Rule 45, Hauling Out; Making Fast; Anchoring
A boat that is anchored during a race is still racing. A boat
does not break rule 42.1 or rule 45 if, while pulling in her
anchor line to recover the anchor, she returns to her
position at the time the anchor was lowered. However, if
pulling in the anchor line clearly propels her to a different
position, she breaks those rules.
Facts
In races when the first leg is a beat to windward against adverse current
and the wind is very light, some boats anchor at or near the starting line to
prevent the current from sweeping them downwind. When the wind
freshens or the current eases, they pull up their anchors and start to sail.
Question 1
Is a boat that is anchored still ‘racing’ as the term is used in the preamble
to Part 4?
Answer 1
Yes. In the preamble to Part 4, the word ‘racing’ is printed in bold italics
and, therefore, it is being used in the sense stated in the Definitions (see
Terminology in the Introduction). The definition Racing makes no
mention of a boat that is anchored, aground, capsized or otherwise not
progressing in the race. Therefore anchored boats are still ‘racing’, which
means that they are protected by rule 23 and governed by the racing rules
including rules 42.1 and 45.
Question 2
Is a boat required to sail to a point above her anchor before she pulls it up,
or can she recover her anchor even if the action of pulling in the anchor
line results in her being propelled through the water or over the bottom?
Answer 2
Actions that are permitted by rule 45 are exceptions to rule 42.1. Rule 45
permits boats to anchor. To anchor a boat in a seamanlike way, additional
anchor line must be let out after the anchor touches the bottom. Rule 45
requires boats to recover their anchors before continuing in the race unless
unable to do so. To recover an anchor, it is first necessary to pull in the
additional line, and that action will move the boat to a point above the
anchor. As this action is permitted by rule 45, it does not break rule 42.1.
However, if the additional line is pulled in so forcefully or rapidly that
after the anchor is lifted off the bottom the boat clearly has been propelled
to a different position from where the anchor was lowered, she has
continued in the race before recovering her anchor, and her action breaks
both rule 42.1 and rule 45.
Revised by World Sailing 2012
CASE 6
Rule 16.1, Changing Course
Rule 16.2, Changing Course
A starboard-tack boat that tacks after a port-tack boat has
borne away to go astern of her does not necessarily break a
rule.
Facts
Between positions 1 and 2 P bore away to pass astern of S. A moment later
S chose to tack. After sailing free for about a hull length, P resumed her
close-hauled course, having lost about a hull length to windward, and
passed S a hull length to windward of her. After S tacked, P’s luff to close-
hauled was not caused by a need to keep clear of S. P protested S under
rule 16.1. P claimed that, when S tacked after P had borne away to pass
astern of S, S failed to give P room to keep clear. The protest committee
disqualified S under rule 16.1. S appealed.
Decision
S’s appeal is upheld. She is to be reinstated. S was subject to rule 16 only
while luffing from a close-hauled starboard-tack course to head to wind.
During that time P had room to keep clear, and so S did not break rule
16.1. S did not break rule 16.2 because P was able to continue to sail her
course ‘for about a hull length’ which demonstrated that S’s luff did not
require P to change course immediately to continue keeping clear. After S
turned past head to wind, P became the right-of-way boat under rule 13,
and rules 16.1 and 16.2 no longer applied. S kept clear of P as required by
rule 13. No rule was broken by S.
USA 1963/93
CASE 7
Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
When, after having been clear astern, a boat becomes
overlapped to leeward within two of her hull lengths of the
other boat, the windward boat must keep clear, but the
leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The
proper course of the windward boat is not relevant.
Facts
Boats L and W were dinghies, 15 feet (5 m) in length. About 200 yards
(200 m) from the mark, L became overlapped to leeward of W from clear
astern. L was less than two of her hull lengths from W. The two boats then
sailed alongside each other, about one-and-a-half hull lengths apart, until
they were 80 yards (80 m) from the mark. At this point, L luffed slightly to
sail directly to the mark, a luff that did not affect W. W maintained a
steady course. L never became clear ahead. W’s boom touched L’s shroud,
without damage or injury, and L protested under rule 11. L’s protest was
dismissed, and she was disqualified on the grounds that she had not
allowed W enough room to fulfil her obligation to keep clear as required
by rule 15. L appealed.
(Note: Diagram is not to scale. Distances shown are approximate
distances from the next mark. At the time of contact, neither boat
had reached the zone around the mark.)
Decision
L’s appeal is upheld. When L became overlapped to leeward of W, W
became bound by rule 11 to keep clear of L. At the same time, L was
bound by rule 15 to allow W room to keep clear, but that obligation is not
a continuing one, and in this case the overlap had been in existence for a
considerable period during which W certainly had room to keep clear.
Rule 17 applied to L because, as the diagram shows, she had been clear
astern before the boats became overlapped and was within two of her hull
lengths of W when the overlap began. L was justified in changing course
to sail directly to the mark, provided that she did not sail above her proper
course. It is L’s proper course that is the criterion for deciding whether she
broke rule 17; W’s proper course is not relevant. According to the agreed
diagram, L at no time sailed above her proper course. Therefore L did not
break rule 17. Just after position 3 L luffed slightly. Clearly there was
room for W to keep clear, and so L did not break rule 16.1. L broke rule 14
because she could have avoided contact with W, but she is exonerated
under rule 14(b) because there was no damage or injury. W is disqualified
under rule 11, and L is reinstated.
GBR 1963/10
CASE 8
Rule 42.1, Propulsion: Basic Rule
Rule 42.2(d), Propulsion: Prohibited Actions
Repeated helm movements to position a boat to gain speed
on each of a series of waves generated by a passing vessel
are not sculling unless they are forceful, and the increase in
speed is the result of a permitted use of the water to
increase speed.
Facts
Two small dinghies, A and B, were reaching at about hull speed in an 8-
knot wind. A large power cruiser passed by rapidly on a parallel course to
leeward, creating several large waves. As each wave reached A’s quarter,
her helmsman moved his tiller without undue force, in a series of course
changes rhythmically timed to the passage of the waves under his boat.
These actions were repeated for each wave and A gained speed on each
occasion. B protested A under rule 42.2(d) for sculling. The protest
committee disqualified A and she appealed.
Decision
A’s appeal is upheld. She is to be reinstated.
The movement of the tiller, while repeated, was not forceful. Any gain in
speed did not result directly from the tiller movement, but from
positioning the boat to take advantage of wave action, which is consistent
with rule 42.1. To do so, a helmsman may move his tiller as he thinks best,
provided that his movements do not break rule 42.2(d).
USA 1962/91
CASE 9
Definitions, Proper Course
Rule 10, On Opposite Tacks
Rule 18.1(b), Mark-Room: When Rule 18 Applies
When a starboard-tack boat chooses to sail past a
windward mark, a port-tack boat must keep clear. There is
no rule that requires a boat to sail a proper course.
Question
Two close-hauled boats on opposite tacks meet at a windward mark to be
left to starboard. S has adequate room to tack and round the mark with due
allowance for wind and current but instead of tacking, S holds her course with the intention of forcing P to tack to keep clear. Can P disregard rule
10 if she considers S to be sailing beyond her proper course and to have
sufficient room to round the mark?
Answer
No; rule 10 applies. Rule 18.1(b) states that the boats are not subject to
rule 18 because they are on opposite tacks and the proper course for one of
them (S), but not both, is to tack. When S chooses to hold her course, P
must keep clear. While in certain circumstances boats are prohibited from
sailing above a proper course there is no rule that requires a boat to sail her
proper course.
GBR 1964/2
CASE 10
Rule 20, Room to Tack at an Obstruction
If a boat hails for room to tack when she is neither
approaching an obstruction nor sailing close-hauled or
above, she breaks rule 20.1. The hailed boat is required to
respond even if the hail breaks rule 20.1.
Facts for Question 1
L and W are close-hauled on starboard tack. L is on a collision course with
P, a boat racing, close-hauled on port tack. L hails W for room to tack; W
responds and protests.
Question 1
How does rule 20 apply to this situation?
Answer 1
Although there is risk of collision between L and P, P is not an obstruction
to L and W because neither L nor W is required to keep clear of her.
At the time L hails for room to tack, she is not approaching an obstruction
and she breaks rule 20.1(a).
Rule 20.2(b) requires W to respond to the hail even if the requirements of
rule 20.1 are not met. Therefore, W must either tack as soon as possible or
hail ‘You tack’ and then give room for L to tack and avoid her. When W
responds, L must tack as soon as possible. W responds by tacking and
breaks no rule.
Facts for Question 2
L and W are reaching along the start line on port tack. L is on a collision
course with S, approaching the line close-hauled on starboard tack. L hails
W for room to tack. W responds and protests.
Question 2
How does rule 20 apply to this situation?
Answer 2
S is an obstruction to both W and L.
At the time L hails for room to tack, she is approaching an obstruction and
will need to make a substantial course change to avoid it. However,
because she is not sailing close-hauled or above, she breaks rule 20.1(b).
As in Answer 1, rule 20.2(b) requires W to respond to the hail even if the
requirements of rule 20.1 are not met. Therefore, W must either tack as
soon as possible or hail ‘You tack’ and then give room for L to tack and
avoid her. W responds by tacking and breaks no rule. If L fails to tack, and
for example sails astern of S, she also breaks rule 20.2(d).
GBR 2016/1
CASE 11
Definition, Obstruction
Rule 14, Avoiding Contact
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 20.1, Room to Tack at an Obstruction: Hailing
Rule 21(a), Exoneration
When boats are overlapped at an obstruction, including an
obstruction that is a right-of-way boat, the outside boat
must give the inside boat room to pass between her and the
obstruction.
Facts
PW and PL, close-hauled on port tack and overlapped, approached S on
the windward leg. PL could pass safely astern of S. PW, on a collision
course with S, hailed PL for room to pass astern of S when PW and PL
were about three hull lengths from S. PL ignored the hail and maintained
her course. When PW bore away to avoid S, she and PL had slight beam-
to-beam contact with no damage or injury. PW protested under rule
19.2(b).
The protest committee held that rule 19.2(b) did not apply, stating that PW
could easily have tacked into the open water to windward to keep clear,
and should have done so. PW was disqualified under rule 11 and appealed.
Wind
Decision
S was an obstruction to PW and PL because both PW and PL would each
have needed to change course substantially if they had been sailing
directly towards S and were one hull length from her, and because they
both were required by rule 10 to keep clear of her (see the definition
Obstruction). Under rule 19.2(a), PL, as the right-of-way boat, was entitled
to pass S on either side. She chose to pass to leeward of S. Therefore,
under rule 19.2(b) PW was entitled to room to pass between PL and the
stern of S. PL did not give PW that room, so PL broke rule 19.2(b). PL
was subject to rule 14, but since she held right of way over PW and there
was no damage or injury, she is exonerated for breaking that rule (see rule
14(b)).
PW could not have known that PL was not going to give sufficient room
until she was committed to pass between S and PL. PW broke rule 11, but
she did so while sailing within the room to which she was entitled by rule
19.2(b). Therefore, as required by rule 21(a), PW is exonerated for
breaking rule 11. Also, when it became clear that PL was not giving room,
it was not reasonably possible for PW to avoid the contact that occurred,
so PW did not break rule 14.
PW was not required to ‘tack into open water to windward to keep clear’
because PL did not hail under rule 20.1 for room to tack and avoid S. Had
PL hailed, PW would have been required by rules 20.2(b) and 20.2(c) to
respond even though rule 20.1(a) prohibited PL from hailing because she
did not have to make any change of course to avoid S.
PW’s appeal is upheld. The decision of the protest committee
disqualifying PW is reversed. PW is reinstated, and PL is disqualified for
breaking rule 19.2(b). (See Case 125 for discussion of a similar situation.)
GBR 1964/18
CASE 12
Definitions, Clear Astern and Clear Ahead; Overlap
Rule 11, On the Same Tack, Overlapped
Rule 18.1, Mark-Room: When Rule 18 Applies
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 21(a), Exoneration
In determining the right of an inside boat to mark-room
under rule 18.2(b), it is irrelevant that boats are on widely
differing courses, provided that an overlap exists when the
first of them reaches the zone.
Facts
OL and IW were approaching a mark to be left to starboard. The wind was
light and there was a 2-knot current in the same direction as the wind. IW,
which had sailed high on the course to the mark to offset the effect of the
current, approached it with the current, almost on a run. OL, on the other
hand, had been set to leeward and, at position 1, about three hull lengths
from the mark, was sailing close-hauled slowly against the current. IW
twice hailed for water, and OL twice replied ‘You can’t come in here.’ At
the last moment, shortly after position 4 in the diagram, as IW luffed to
begin her passing manoeuvre OL tried to give her room but the two
dinghies made contact. There was no damage or injury.
OL protested under rule 11 but was herself disqualified under rule 18.2(b).
She appealed, asserting that it was illogical and beyond the intention of the
definition Clear Astern and Clear Ahead; Overlap and of rule 18 to
consider as overlapped two boats whose headings differed by 90 degrees.
She also asserted that the purpose of rule 18 was to protect a boat in
danger of hitting the mark that was unable to go astern of the outside boat.
She further argued that throughout IW’s approach to the mark until she
finally luffed, she was easily able to pass astern of OL, and that IW was
not an ‘inside’ boat until a moment before contact.
Decision
OL’s appeal is dismissed and her disqualification is confirmed.
The boats were required to leave the mark on the same side and were on
the same tack, and so rule 18 applied after position 1 when OL reached the
zone. From that time until contact occurred, neither boat was clear astern
of the other and so they were overlapped (see the definition Clear Astern
and Clear Ahead; Overlap). Therefore the first sentence of rule 18.2(b)
applied, limiting the rights of OL, the outside boat, under rule 11 by
requiring her to give IW, the inside boat, mark-room. OL did not give IW
mark-room, and so is disqualified under rule 18.2(b).
IW broke rule 11, but did so while sailing within the mark-room to which
she was entitled, and therefore is exonerated under rule 21(a).
Both boats broke rule 14 because each of them could have avoided the
contact. However, because OL was the right-of-way boat and IW was
entitled to mark-room, and there was no damage or injury, both are
exonerated under rule 14(b) for breaking rule 14.
GBR 1964/19
CASE 13
Definitions, Proper Course
Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
Before her starting signal, a leeward boat does not break a
rule by sailing a course higher than the windward boat’s
course.
Facts
As the two 14-foot (4 m) dinghies manoeuvred before the starting signal,
they crossed the starting line. While bearing away to return to the pre-start
side, L, initially the windward boat, assumed a leeward position by sailing
under W’s stern. Immediately after position 4, L luffed to close-hauled and
sailed straight for the port end of the line. W meanwhile, with sheets
eased, sailed along the line more slowly. At position 5, there was contact,
W’s boom touching L’s windward shroud. L protested W under rule 11; W
counter-protested under rules 12 and 15.
The protest committee found that L had right of way under rule 11 from
the time she assumed a steady course until contact. W had room to keep
clear, although she would have had to cross the starting line prematurely to
do so. Therefore, it dismissed W’s protest and upheld the protest by L. W
appealed, this time citing rule 16.1.
Decision
W’s appeal is dismissed. Between positions 2 and 3 L became overlapped
to leeward of W, acquiring right of way under rule 11 but limited by rule
15’s requirement to initially give room to W to keep clear. L met that
requirement because L gave W room to keep clear. Just after position 4,
when L luffed to a close-hauled course, she was required by rule 16.1 to
give W room to keep clear, and she did so.
L had been clear astern of W and was within two of her hull lengths of W
when she became overlapped to leeward of W. Therefore, she was
required by rule 17 to sail no higher than her proper course. However, she
had no proper course before the starting signal (see the definition Proper
Course) and the starting signal was not made until after the incident.
Therefore, L’s luff did not break rule 17 and she was in fact entitled to luff
higher than she did, even as high as head to wind, as long as while so
doing she complied with rule 16.1.
After L became overlapped to leeward of W, W was required by rule 11 to
keep clear of L. She did not do so and accordingly her disqualification
under rule 11 is upheld. In addition, W broke rule 14 because she could
have avoided the contact with L.
L also broke rule 14 because it would have been easy for her to bear off
slightly and avoid the contact. However, she is exonerated because she
was the right-of-way boat and there was no damage or injury.
GBR 1965/10
CASE 14
Definitions, Proper Course
Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
When, owing to a difference of opinion about a leeward
boat’s proper course, two boats on the same tack converge,
the windward boat must keep clear. Two boats on the same
leg sailing near one another may have different proper
courses.
Facts
After rounding the windward mark in light wind the fleet divided, some
boats sailing towards shore to get out of the tide and others remaining
offshore in hopes of a better wind. L had established an overlap to leeward
of W from clear astern while within two of her hull lengths of W, and they
rounded the mark overlapped. W chose to remain offshore, while L began
to luff slowly and informed W of her intention to go inshore. W replied,
‘You have no right to luff.’ L replied that she was sailing her proper course
and W was required to keep clear. The discussion took some time. L
continued to gradually change course, and at no time did W state that she
was unable to keep clear. The boats touched and both protested. The
protest committee disqualified L under rule 17 for sailing above her proper
course, and she appealed.
Decision
When, owing to a difference of opinion on the proper course to be sailed,
two boats on the same tack converge, W is bound by rule 11 to keep clear
and by rule 14 to avoid contact.
This case illustrates the fact that two boats on the same leg sailing very
near to one another can have different proper courses. Which of two
different courses is the faster one to the next mark cannot be determined in
advance and is not necessarily proven by one boat or the other reaching the
next mark ahead.
The basis for W’s protest was that L sailed above her proper course while
subject to rule 17. L’s defence and counter-protest were that she had
decided that the inshore course out of the tide would result in her finishing
sooner and that, therefore, the course she was sailing was her proper
course. In addition, L argued that W had broken rules 11 and 14.
The facts found do not show that L sailed above her proper course;
therefore she did not break rule 17. When L luffed slowly between
positions 1 and 2, W had room to keep clear, so L did not break rule 16.1.
L could have avoided contact with W. By not doing so, she broke rule 14,
but is exonerated for breaking it because she was the right-of-way boat and
the contact caused no damage or injury.
By failing to keep clear of L, W broke rule 11. W could have avoided the
contact, and by not doing so she too broke rule 14, but she is not
exonerated.
L’s appeal is upheld. L is reinstated, and W is disqualified for breaking
rules 11 and 14.
GBR 1966/3
CASE 15
Definitions, Mark-Room
Rule 12, On the Same Tack, Not Overlapped
Rule 13, While Tacking
Rule 18.1(b), Mark-Room: When Rule 18 Applies
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.2(d), Mark-Room: Giving Mark-Room
In tacking to round a mark, a boat clear ahead must
comply with rule 13; a boat clear astern is entitled to hold
her course and thereby prevent the other from tacking.
Facts
A and B are approaching the windward mark which they are required to
leave to port. They are close-hauled on parallel courses with A clear
ahead. A expects B, when she can tack and fetch the mark, to tack to round
it and head for the next mark. Instead, B holds her course as shown in the
diagram and sails on well past the mark.
Question
Has B the right to hold her course in this way and, thereby, prevent A from
tacking?
Answer
Yes. While A remains on port tack, B is required to keep clear by rule 12
and, as A was clear ahead when she reached the zone, B is required by rule
18.2(b) to give A mark-room as well. Provided B keeps clear of A and
gives A mark-room if A luffs (even if A luffs as high as head to wind), B
is entitled to sail any course she chooses, including holding her course.
However, B is no longer required to give A mark-room after A leaves the
zone (see rule 18.2(d)).
The mark-room to which A is entitled does not include room for her tack
(see the last sentence of the definition Mark-Room). If A were to pass
head to wind, then at that moment all parts of rule 18 would cease to apply
because the boats would be on opposite tacks (see rule 18.1(b)). In
addition, A would no longer have right of way under rule 12, and B would
become the right-of-way boat under rule 13.
GBR 1966/8
CASE 16
Deleted
CASE 17
Rule 13, While Tacking
A boat is no longer subject to rule 13 when she is on a
close-hauled course, regardless of her movement through
the water or the sheeting of her sails.
Question
Rule 13 applies until the tacking boat ‘is on a close-hauled course.’
However, the rule does not say whether the boat must be moving when she
assumes a close-hauled course. Is it intended that, at the moment rule 13
ceases to apply, the boat must actually be moving through the water on a
close-hauled course and not merely be on such a course?
Answer
A boat is no longer subject to rule 13 when she is on a close-hauled
course, regardless of her movement through the water or the sheeting of
her sails.
GBR 1967/8
CASE 18
Deleted
CASE 19
Part 2 Preamble
Rule 14(b), Avoiding Contact
Rule 36(b), Races Restarted or Resailed
Rule 44.1(b), Penalties at the Time of an Incident: Taking a Penalty
Rule 60.3(a)(1), Right to Protest; Right to Request Redress or Rule 69
Action
Rule 61.1(a)(4), Protest Requirements: Informing the Protestee
Rule 62.1(b), Redress
Rule 63.5, Hearings: Validity of the Protest or Request for Redress
Rule 64.3(a), Decisions: Decisions on Protests Concerning Class Rules
Interpretation of the term ‘damage’.
Question
Is there a special meaning of ‘damage’ in the racing rules?
Answer
No. It is not possible to define ‘damage’ comprehensively, but one current
English dictionary says, ‘harm . . . impairing the value or usefulness of
something.’
This definition suggests questions to consider. Examples are:
• Was the current market value of any part of the boat, or of the boat
as a whole, diminished?
• Was any item of the boat or her equipment made less functional?
GBR 1968/2
CASE 20
Rule 1.1, Safety: Helping Those in Danger
Rule 62.1(c), Redress
When it is possible that a boat is in danger, another boat
that gives help is entitled to redress, even if her help was
not asked for or if it is later found that there was no
danger.
Facts
Dinghy A capsized during a race and seeing this dinghy B sailed over to
her and offered help. A accepted help and B came alongside, taking the
crew of two aboard. Then all hands worked for several minutes to right A,
whose mast was stuck in the mud. Upon reaching shore, B requested
redress under rule 62.1(c).
The protest committee considered several factors in its decision. First, A’s
helmsman was a highly experienced sailor. Secondly, the wind was light,
and the tide was rising and would shortly have lifted the mast free.
Thirdly, she did not ask for help; it was offered. Therefore, since neither
boat nor crew was in danger, redress was refused. B appealed, stating that
rule 1.1 does not place any onus on a boat giving help to decide, or to
defend, a decision that danger was involved.
Decision
B’s appeal is upheld. A boat in a position to help another that may be in
danger is bound to do so. It is not relevant that a protest committee later
decides that there was, in fact, no danger or that help was not requested. B
is entitled to redress. The protest committee is directed to reopen the
hearing and to grant appropriate redress following the requirements and
advice given in rules 64.2 and A10.
GBR 1968/14
CASE 21
Definitions, Mark-Room
Definitions, Room
When a right-of-way boat is obligated to give mark-room to
a boat overlapped inside her, there is no maximum or
minimum amount of space that she must give. The amount
of space that she must give depends significantly on the
existing conditions including wind and sea conditions, the
speed of the inside boat, the sails she has set and her design
characteristics.
Question
When rule 18 requires a right-of-way boat to give mark-room to an inside
boat that overlaps her, what is the maximum amount of space that she
must give? What is the minimum amount of space that she must give?
Answer
In this situation, the definition Mark-Room states that the inside boat is
entitled to room for four manoeuvres:
• Room to leave the mark on the required side.
• Room to sail to the mark, but only if the inside boat’s proper
course is to sail close to the mark.
• Room to round the mark as necessary to sail the course.
• Room to tack, but only if these additional conditions are met: the
inside boat is overlapped to windward of the outside boat, the tack
is part of the rounding necessary to sail the course, and the inside
boat would be fetching the mark after her tack.
The definitions Room and Mark-Room do not include any reference to a
maximum or minimum amount of space, and no rule implies that the right-
of-way outside boat must give a maximum or minimum amount of space.
She must give the inside boat the space she needs in the existing
conditions to carry out those manoeuvres promptly in a seamanlike way.
In addition, the inside boat is entitled to space to avoid touching the mark
and space for her to comply with her obligations under the rules of Part 2
with respect to the outside boat as well as any other nearby boats.
The term ‘existing conditions’ deserves consideration. For example, the
inside one of two dinghies approaching a mark on a placid lake in light air
will need relatively little space beyond that required for her hull and
properly trimmed sails. At the other extreme, when two keel boats, on
open water with steep seas, are approaching a mark that is being tossed
about widely and unpredictably, the inside boat may need a full hull length
of space or even more to ensure safety. A boat with a spinnaker flying
often needs more space than one with her spinnaker stowed. A boat that is
planing or surfing may require less space to turn than a boat that is
climbing a steep wave. The ‘existing conditions’ also include
characteristics of the inside boat. For example, a boat with a long keel or a
multihull may require more space to round a mark than a more easily
turned monohull. A boat with a large rudder may need less space to turn
than a boat with a small rudder.
The phrase ‘manoeuvring promptly in a seamanlike way’ has implications
for both boats. First, it addresses the inside boat, saying she is not entitled
to complain of insufficient space if she fails to execute with reasonable
efficiency the handling of her helm, sheets and sails while manoeuvring. It
also implies that the outside boat must provide enough space so that the
inside boat need not manoeuvre in an extraordinary or abnormal manner
(see also Case 103).
World Sailing 1969
CASE 22
Rule 61.2(d), Protest Requirements: Protest Contents
Rule 63.5, Hearings: Validity of the Protest or Request for Redress
Rule 64.1, Decisions: Penalties and Exoneration
It is not relevant to the validity of a protest that a rule the
protestor believes was broken is not one of the rules that
the protest committee later determines to have been broken.
Facts
After a collision near a mark, S protested P, citing rule 18 on her protest form as required by rule 61.2(d). The protest committee declared the
protest invalid and refused to proceed with the hearing, because it said the
protest should have cited rule 10 rather than rule 18. Had the hearing gone
ahead and the parties been questioned, the protest committee said, the
protest might have been upheld. S appealed.
Decision
Rule 61.2(d) requires the protest to identify any rule the protestor believes
was broken. If this requirement is not met in the written protest delivered
to the race office, it may be met before or during the hearing. There is no
requirement that the rule or rules identified must be the rule or rules that
are later determined to have been broken, and it is irrelevant for deciding
on the validity of the protest that the protestor cited a rule that will very
likely not be the applicable rule.
It is the protest committee, after finding the facts, that determines the
applicable rule. Rule 64.1 states that a disqualification or other penalty
shall be imposed whether or not the applicable rule was mentioned in the
protest.
The appeal is upheld to the extent that the protest committee is instructed
to hold a new hearing.
ITA 1967/4
CASE 23
Definitions, Clear Astern and Clear Ahead; Overlap
Definitions, Obstruction
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 19, Room to Pass an Obstruction
On a run, rule 19 does not apply to a starboard-tack boat
that passes between two port-tack boats ahead of her. Rule
10 requires both port-tack boats to keep clear.
Facts
Three boats, one on starboard tack and two on port, were running. S
overtook PL and PW and passed between them as shown in the diagram.
The three boats continued on slightly converging courses, as shown, until
S touched first PW and then PL. PW protested S, alleging that she had
broken rule 19.2(c) because PL as leeward boat constituted an obstruction
to PW as windward boat, and S had no right to come between them. The
protest committee disqualified both PL and PW under rule 10, and PW
appealed.
Decision
While the boats sailed from position 1 to position 4, rule 10 required both
PW and PL to keep clear of S. Because all three boats were sailing more
than 90 degrees from the true wind, S and PL were overlapped from
position 1 to position 4, and S and PW were overlapped from shortly after
position 2 to position 4 (see the definition Clear Astern and Clear Ahead;
Overlap).
While those overlaps existed, rule 19 did not apply because there was no
obstruction that any two of the boats passed on the same side. The
penultimate sentence of the definition Obstruction means that PW was not
an obstruction to either S or PL because neither of them was required to
keep clear of PW. Similarly, PL was not an obstruction to either S or PW
because S was not required to keep clear of PL. Because both PL and PW
were required by rule 10 to keep clear of S, the penultimate sentence of the
definition means that S was an obstruction to both PL and PW. However,
rule 19 did not apply because at no time did both PL and PW pass S on the
same side.
Also, rule 19.2(c), which was cited by PW in her protest, applies only
while boats are passing a continuing obstruction, and, as the last sentence
of the definition Obstruction states, a boat racing that is under way is never
a continuing obstruction.
There was contact between S and PW and between S and PL. However,
because S became trapped between PW and PL as their courses converged,
it was not ‘reasonably possible’ for S to avoid contact after it became clear
that PW and PL were not keeping clear. Therefore, S did not break rule 14.
Under rule 10, S held right of way over both port-tack boats, PL and PW,
neither of which kept clear of her. Therefore, both PL and PW broke rule
10. Both PL and PW could easily have avoided contact with S, so both of
them also broke rule 14. The protest committee’s decision to disqualify PL
and PW is upheld and PW’s appeal is dismissed.
GBR 1970/1
CASE 24
Definition, Room
Rule 11, On the Same Tack, Overlapped
Rule 12, On the Same Tack, Not Overlapped
Rule 15, Acquiring Right of Way
Rule 21(a), Exoneration
When a boat becomes overlapped to leeward from clear
astern, the other boat must act promptly to keep clear.
When she cannot do so in a seamanlike way, she has not
been given room as required by rule 15.
Facts
Two boats, A and B, are on a broad reach on starboard tack in a light
breeze on their proper courses for the next mark some distance away.
Initially, B is clear astern of and directly behind A but is travelling slightly faster and becomes overlapped close to leeward of A’s stern.
Questions
1. When are B’s obligations under rule 12 replaced by her rights as
leeward boat under rule 11?
2. What are B’s obligations under rule 15?
3. What are A’s obligations under rule 11?
Answers
1. As soon as B becomes overlapped, rule 12 ceases to apply. A
becomes bound by rule 11, and B by rule 15.
2. Rule 15 embodies the principle in the rules that when the right of way
shifts from one boat to another, the boat with the newly acquired right
of way must give the other boat space and time for response, and thus
a fair opportunity to manoeuvre to keep clear. B’s obligation under
rule 15 is not a continuing one; it protects A only temporarily, and
only if A responds promptly after the overlap begins (see the
definition Room).
3. Rule 11 requires A to keep clear and, if this requires her to luff, she
must do so promptly. If A does so but some part of her hull, crew or
equipment touches any part of B’s hull, crew or equipment, A breaks
rule 11. If the contact occurred despite A having luffed in a
seamanlike way, B has broken rule 15 by not giving A room to keep
clear and A is exonerated under rule 21(a) for her breach of rule 11.
However, if A luffed higher than was necessary to keep clear of B
and, as a result, caused contact with B, A has been given the room
required by rule 15 and is not exonerated.
GBR 1970/2
CASE 25
Definition, Mark-Room
Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.2(d), Mark-Room: Giving Mark-Room
Rule 21(a), Exoneration
When an inside overlapped windward boat that is entitled
to mark-room takes more space than she is entitled to, she
must keep clear of the outside leeward boat, and the outside
boat may luff provided that she gives the inside boat room
to keep clear.
Facts
Two 15-foot (4.5 m) dinghies, IW and OL, were approaching a leeward
port-hand mark. The next leg was a beat to windward. IW established an
inside overlap on OL well before the boats reached the zone, and OL gave
IW space to sail to the mark and to round the mark onto a close-hauled
course. After IW passed the mark, OL began to luff to her course to the
next mark. IW was slower in heading up, and her boom, still well out,
touched OL’s helmsman and shrouds. At the time of the contact IW was a
hull length from the mark and sailing below a close-hauled course. No
damage or injury occurred. IW protested OL under rule 18.2(b), and OL
protested IW under rule 11.
The protest committee decided that, because IW did not promptly head up
to a close-hauled course after sailing to the mark, she took more space than
she was entitled to under rule 18.2(b). IW did not deny this but attributed it
to her main sheet being led from the end of her boom, as compared to the
centre-boom lead used by OL.
The protest committee dismissed IW’s protest, upheld OL’s, and
disqualified IW for breaking rule 11. IW appealed.
Decision
IW’s proper course was to sail close to the mark, and the course change
necessary to sail the course was to round up to a close-hauled course.
Therefore, rule 18.2(b) required OL to give IW room to sail to the mark
and room to round it onto a close-hauled course, leaving it on the required
side. Between positions 1 and 2 OL gave IW room to sail to the mark and
between positions 2 and 3 room to round the mark onto a close-hauled
course. Therefore, OL did not break rule 18.2(b).
About halfway between positions 2 and 3, IW had been given the space
she needed to sail to and around the mark onto a close-hauled course,
leaving it on the required side. She therefore had been given mark-room by
OL, and at that moment rule 18.2(b) ceased to apply (see rule 18.2(d)).
Throughout the incident IW was required by rule 11 to keep clear of OL.
IW sailed a hull length away from the mark on a course below close-
hauled, and shortly before the contact at position 3, IW broke rule 11 by
failing to keep clear.
When OL luffed between positions 2 and 3, OL was required by rule 16.1
to give IW room to keep clear. OL luffed approximately 30 degrees while
moving forward two hull lengths. Even with a boom-end mainsheet rig, a
boat sailed in a seamanlike way can turn through 30 degrees and trim her
mainsail appropriately while moving forward two hull lengths. Therefore,
OL gave IW room to keep clear and did not break rule 16.1.
IW is not exonerated under rule 21(a) for breaking rule 11 because, when
she did so, she was no longer entitled to mark-room from OL, and she was
sailing to leeward of, not within, the room to which she was entitled under
rule 16.1.
OL could have avoided contact with IW, and so OL broke rule 14. She is
exonerated for doing so because she was the right of way boat and the
contact resulted in neither damage nor injury (see rule 14(b)).
It was possible for IW to have avoided the contact, and therefore IW also
broke rule 14. However, because IW was entitled to room under rule 16.1
and the contact resulted in neither damage nor injury, she too is exonerated
for breaking rule 14.
IW’s appeal is dismissed. The protest committee’s decision to disqualify
IW under rule 11 is upheld.
CAN 1971/9
CASE 26
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 18.1, Mark-Room: When Rule 18 Applies
Rule 64.1, Decision: Penalties and Exoneration
A right-of-way boat need not act to avoid a collision until it
is clear that the other boat is not keeping clear. However, if
the right-of-way boat could then have avoided the collision
and the collision resulted in damage, she must be penalized
for breaking rule 14.
Facts
A Soling, S, and a 505, P, in separate races, approached the same mark on
opposite tacks. Unknown to P, which was lowering her spinnaker and
hardening up to leave the mark to port, S was required to leave it to
starboard and was preparing to do so.
P heard no hail and was unaware of S’s presence until the boats were in
the positions shown in the diagram, at which time P’s crew saw S. He
shouted a warning and leaped out of the way just as S’s bow struck P’s
hull behind the mast, causing damage.
P protested S under rule 14 on the grounds that S could have avoided the
collision. S and two witnesses testified that S did not at any time change
her course before the collision. S, protesting under rule 10, claimed that if
she had changed course she would have broken rule 16.1.
The protest committee disqualified P under rules 10 and 14. P appealed.
Decision
P, as the keep-clear boat, failed to keep a lookout and to observe her
primary duties to keep clear and avoid contact. She broke both rule 10 and
rule 14. An important purpose of the rules of Part 2 is to avoid contact
between boats. All boats, whether or not holding right of way, should keep
a lookout, particularly when approaching a mark. If P had done so she
would have become aware of S’s presence sooner and been able to avoid
the collision.
Rule 18 did not apply because S and P were not required to leave the mark
on the same side (see rule 18.1).
When it became clear that P was not keeping clear, S was required by rule
14 to act to avoid contact with P (see rule 14(a)). Before the positions
shown in the diagram it became clear that the boats were on converging
courses and that P was not keeping clear. At that time S could have luffed
and avoided contact with P. Such a change of course by S would have
given P more room to keep clear and would not have broken rule 16.1. The
contact caused damage. Therefore, S broke rule 14 and, because the
contact caused damage, she must be penalized for having done so (see
rules 14(b) and 64.1).
P was correctly disqualified under rules 10 and 14. S is also disqualified,
for breaking rule 14.
GBR 1971/4
CASE 27
Rule 2, Fair Sailing
Rule 13, While Tacking
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
A boat is not required to anticipate that another boat will
break a rule. When a boat acquires right of way as a result
of her own actions, the other boat is entitled to room to
keep clear.
Facts
AS was clear ahead of BP when she reached the zone. Between position 1
and 2, AS, a hull length to leeward and a hull length ahead of BP, tacked
as soon as she reached the starboard-tack lay line. Almost immediately she
was hit and damaged by BP travelling at about ten knots. The protest
committee disqualified AS for breaking rule 15. It also disqualified BP
under rule 2, pointing out that she knew AS was going to tack but did
nothing to avoid a collision. BP appealed, asserting that she was not
obligated to anticipate an illegal tack.
Decision
After AS reached the zone, BP was required by rule 12 to keep clear of her
and by rule 18.2(b) to give her mark-room. Both these obligations ended
when AS passed head to wind (see rules 18.1(a) and 18.2(d)). When AS
passed head to wind, BP became the right-of-way boat under rule 13 and
held right of way until AS assumed a close-hauled course on starboard
tack. At that moment AS, having just acquired right of way under rule 10,
was required by rule 15 to give BP room to keep clear.
The collision occurred almost immediately after AS assumed a close-
hauled course on starboard tack. Therefore, BP needed to take avoiding
action before AS had borne away to a close-hauled course. At that time BP
had right of way under rule 13, and so AS broke rule 13. AS also broke
rule 15 because, after she acquired right of way under rule 10, she did not
give BP room to keep clear. Finally, AS broke rule 14 because she could
have avoided the contact by turning back onto port tack after she passed
head to wind.
BP took no action to avoid the collision, but what could she have done?
Given her speed and the distance involved, she had perhaps one to two
seconds to decide what to do and then do it. It is a principle of the right-of-
way rules, as stated in rule 15, that a boat that becomes obligated to keep
clear by an action of another boat is entitled to sufficient time for response.
Also, while it was obvious that AS would eventually tack to round the
mark, no rule required BP to anticipate that AS would break a rule.
BP did break rule 10, but she is exonerated under either rule 64.1(a) or rule
21(a). BP did not break rule 14 because it was not reasonably possible for
her to have avoided the collision after AS broke rule 13. BP did not violate
any principle of sportsmanship or fair play and, therefore, did not break
rule 2.
BP’s appeal is upheld. She is to be reinstated. AS remains disqualified.
USA 1971/140
CASE 28
Rule 28.1, Sailing the Course
Rule 32.1, Shortening or Abandoning After the Start
Rule 64.1(a), Decisions: Penalties and Exoneration
Rule A5, Scores Determined by the Race Committee
When one boat breaks a rule and, as a result, causes
another to touch a mark, the other boat is to be exonerated.
The fact that a starting mark has moved, for whatever
reason, does not relieve a boat of her obligation to start. A
race committee may abandon under rule 32.1(c) only when the change in the mark’s position has directly affected the
safety or fairness of the competition.
Facts
As S and P, close-hauled, approached the port end of the starting line, a
strong tide was setting them towards the line and the starting line mark.
When S was two hull lengths from the mark, she hailed P to keep clear.
There was no response, and S was forced to bear away to avoid a collision.
Immediately after the starting signal, P sailed over the mark. As S luffed
back to close-hauled, on a course to the wrong side of the mark, it jumped
out from under P’s hull and bounced against S. P did not take a penalty,
and S did not return to start between the starting marks.
S protested P under rules 10 and 31, and also requested redress, asking that
the race be abandoned, citing rule 32.1(c). The protest committee
disqualified P for breaking rules 10 and 31, refused S’s request for redress,
and scored S DNS. The latter decision was referred to the national
authority for confirmation or correction, along with a question: If S had
returned to start as required by rule 28.1, could the race have been
abandoned under rule 32.1(c) because of the mark having moved?
Decision
Although S touched the mark, she could not be expected to anticipate how
it would move when another boat touched it. Therefore, as provided in rule
64.1(a), S is exonerated for breaking rule 31 because it was P’s two
breaches that caused the mark to touch S. However, S could have returned
and started as required by rule 28.1. The fact that the starting mark moved
does not relieve her of her obligation to start.
Because S did not start, the race committee was correct in scoring her
DNS (see rule A5).
Rule 32.1(d) makes it clear that the most important criterion for
abandoning a race is that, for some reason, the safety or fairness of the
competition has been adversely affected. Rules 32.1(a), (b) and (c) give
examples of reasons that may justify abandoning a race; rule 32.1(d)
implies that there may be other reasons. In this case, the unexpected
movement of the starting mark as a result of P sailing over it did not justify
abandoning the race. Indeed, the exact position of a mark frequently and
routinely changes as a result of wind, current, waves or it having been
touched by a boat, even though its anchor does not move. Such movement
is a risk that competitors must accept and does not justify abandoning a
race.
RUS 1971
CASE 29
Definitions, Obstruction
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 19.2(c), Room to Pass an Obstruction: Giving Room at an
Obstruction
A leeward boat is an obstruction to an overlapped
windward boat and a third boat clear astern. The boat
clear astern may sail between the two overlapped boats and
be entitled to room from the windward boat to pass
between her and the leeward boat, provided that the
windward boat has been able to give that room from the
time the overlap began.
Facts
When running on a downwind leg, W became overlapped with L when
almost two hull lengths to windward of her. Subsequently, M sailed into
the space between L and W. All three boats held their courses with no
narrowing of space between L and W and no contact. W protested M for
taking room to which she was not entitled, citing rules 19.2(b) and 19.2(c).
The protest was dismissed on the grounds that W had given room to M as
required by rule 19.2(b). W appealed.
Decision
Rule 11 required W to keep clear of L throughout the incident. While M
was clear astern of L, rule 12 required her to keep clear of L, and after she
became overlapped with L rule 11 required her to keep clear of L. As the
diagram shows, both M and W met these requirements.
Because both W and M were required to keep clear of L throughout the
incident, L was an obstruction to W and M during that time (see the
penultimate sentence of the definition Obstruction). However, because L
was a boat under way, L was not a continuing obstruction to them (see the
last sentence of the definition Obstruction). When M became overlapped
with W, rule 19.2(b) began to apply between them. It required W to give
M room between her and the obstruction, unless she was unable to do so
from the time the overlap began. As the facts clearly show, W was able to
give M that room when the overlap began and continued to do so at all
times until the boats finished. Therefore, W complied with rule 19.2(b).
Rule 19.2(c) did not apply because the obstruction, L, was not a continuing
obstruction. M broke no rule; therefore W’s appeal is dismissed.
USA 1974/163
CASE 30
Definitions, Keep Clear
Rule 14, Avoiding Contact
Rule 19, Room to Pass an Obstruction
Rule 64.1(a), Decisions: Penalties and Exoneration
A boat clear astern that is required to keep clear but
collides with the boat clear ahead breaks the right-of-way
rule that was applicable before the collision occurred. A
boat that loses right of way by unintentionally changing
tack is nevertheless required to keep clear.
Facts
Boats A and B were running on starboard tack close to the shore against a
strong ebb tide in a Force 3 breeze. At position 1, A was not more than
half a hull length clear ahead of B. B blanketed A, causing A to slow and,
at position 2, to gybe unintentionally. This was immediately followed by a
collision, although without damage or injury, and B protested A under rule
10. The facts were agreed, and both boats were disqualified: B under rule
12 because, just before A gybed, B was too close to A to be keeping clear,
and A under rule 10 for failing to keep clear of a starboard-tack boat.
A appealed on the grounds that she was compelled by B’s action to break
rule 10. The protest committee, commenting on the appeal, stated that B
caused both A’s gybe and the collision by not keeping clear when both
boats were on the same tack.
Decision
The boats were passing close to the shoreline, which was an obstruction
and also a continuing obstruction. Therefore, the conditions for rule 19 to
apply were met. However, because the boats were not overlapped, neither
of the two parts of rule 19 that place an obligation on a boat (rules 19.2(b)
and 19.2(c)) applied.
When B was clear astern of A she was required by rule 12 to keep clear
but failed to do so. Her breach occurred before the collision, at the moment
when A first needed ‘to take avoiding action’ (see the definition Keep
Clear).
When B collided with A she also broke rule 14. However, at that time she
held right of way under rule 10, and, because there was no damage or
injury, she is exonerated under rule 14(b).
After gybing, A became the keep-clear boat under rule 10, even though
she had not intended to gybe. She broke that rule, but only because B’s
breach of rule 12 made it impossible for A to keep clear. A did not break
rule 14 because it was not ‘reasonably possible’ for her to avoid contact.
Accordingly, B was properly disqualified by the protest committee under
rule 12. However, A is exonerated under rule 64.1(a) for breaking rule 10.
A’s appeal is upheld, and she is to be reinstated.
GBR 1974/3
CASE 31
Sportsmanship and the Rules
Rule 2, Fair Sailing
Rule 26, Starting Races
Rule 29.1, Recalls: Individual Recall
Rule 62.1, Redress
Rule 64.2, Decisions: Decisions on Redress
Race Signals: Recall Signals, X
When the correct visual recall signal for individual recall is made but the required sound signal is not, and when a
recalled boat in a position to hear a sound signal does not
see the visual signal and does not return, she is entitled to
redress. However, if she realizes she is on the course side
of the line she must return and start correctly.
Facts
At the start of a race the visual individual recall signal required by rule
29.1 was correctly made, but the required sound signal was not. One of the
recalled boats, A, did not return, was scored OCS and later requested
redress on the grounds that she started simultaneously with the starting
signal and heard no recall sound signal.
The protest committee found that A was not entirely on the pre-start side
of the starting line at the starting signal. It adjusted A’s score by giving her
a finishing place as redress because of the absence of the sound signal.
This changed the finishing place of boat B. B then asked for redress,
claiming that her finishing place was affected by what she believed to have
been an improper decision to give a finishing place to A. B was not given
redress, and she appealed on the grounds that rule 26 states, ‘the absence
of a sound signal shall be disregarded.’
Decision
Rule 62.1(a) has three requirements for giving redress. The first is that ‘an
improper action or omission’ has occurred. Here, the race committee did
not make the sound signal required by rule 29.1, an omission that was
clearly improper. The second requirement is that a boat’s finishing place
has been ‘made significantly worse’. Here, this requirement is met since A
was scored OCS. The third requirement is that a boat suffered the
consequences of the improper action or omission ‘through no fault of her
own’. Here, A had no part in causing the race committee to omit the sound
signal and she thought she had started correctly.
When it is decided that a boat is entitled to redress, rule 64.2 requires the
protest committee to ‘make as fair an arrangement as possible for all boats
affected.’ When the situation involves a boat scored OCS, if the redress
given is to adjust the boat’s race score or finishing place, it should reflect
the fact that, generally, when a recalled boat returns to the pre-course side
of the line after her starting signal, she usually starts some time after boats
that were not recalled. An allowance for that time should be made.
The requirement in rule 29.1 and in Race Signals regarding the making of
a sound signal when flag X is displayed is essential to call the attention of
boats to the fact that one or more of them are being recalled. When the
sound signal is omitted from an individual recall, and a recalled boat in a
position to hear a sound signal does not see the visual signal and does not
return, she is entitled to redress. However, a boat that realizes that she was
on the course side of the line is not entitled to redress, and she must
comply with rules 28.1 and, if it applies, rule 30.1. If she fails to do so, she
breaks those rules. In addition, she fails to comply with the Basic
Principle, Sportsmanship and the Rules, and breaks rule 2.
Concerning B’s request, the provision of rule 26 that ‘the absence of a
sound signal shall be disregarded’ applies only to the warning,
preparatory, one-minute and starting signals. When the individual recall
signal is made, both the visual and sound signals are required unless the
sailing instructions state otherwise.
B’s appeal is dismissed. The protest committee’s decision to give redress
to A is upheld.
GBR 1974/7
CASE 32
Rule 86, Changes to the Racing Rules
Rule 90.2(c), Race Committee; Sailing Instructions; Scoring: Sailing
Instructions
A competitor is entitled to look exclusively to written
sailing instructions and to any written amendments for all
details relating to sailing the course.
Facts
The sailing instructions included, among other things, the following:
1. All races will be sailed under The Racing Rules of Sailing except as
modified below.
2. A briefing will be held in the clubroom 60 minutes before the start of
the first race each day.
3. Shortened Course will be signalled by two guns and raising of flag S
and the class flag. Boats in that class will round the mark about to be
rounded by the leading boat and go straight to the finishing line. This
changes the meaning of flag S in the Race Signals.
At one of the briefings, the race officer attempted to clarify the phrase ‘go
straight to the finishing line’ in item 3 by stating that when the course was
shortened, all boats should cross the finishing line in a windward direction.
This would ensure that all classes, some of which might be finishing from
different marks, would finish in the same direction even if that were not
the direction of the course from the mark at which the course was
shortened.
Subsequently, a race was shortened. Six boats, which had not attended the
briefing, followed the written sailing instructions and crossed the finishing
line from the course side of the line. To cross the line from its course side,
it was necessary for those boats to cross while sailing downwind. The six
boats were recorded as not finishing, and sought redress. The boats alleged
that the race committee had improperly changed the definition Finish and
had failed to follow the requirements of rule 90.2(c). The protest
committee upheld their requests for redress on the grounds they had cited.
The race committee appealed to the national authority, asserting that the
briefing sessions were a numbered part of the sailing instructions, all
competitors should have attended, and the briefings constituted a
procedure for giving oral instructions. Also, it argued that the sailing
instructions were not changed but merely clarified by the race officer as to
what the words ‘go straight to the finishing line’ meant.
Decision
Appeal dismissed. The remarks of the race officer amounted to more than
mere clarification. This is borne out by the fact that the boats that did not
attend the briefing acted as they did. Competitors are entitled to look
exclusively to the sailing instructions and to any amendments for all
particulars of the course. Rule 90.2(c) requires changes to the sailing
instructions to be in writing. Moreover, under no circumstance can sailing
instructions change the definition Finish or the definition of any other term
defined in Definitions (see rule 86).
GBR 1975/3
CASE 33
Definitions, Clear Astern and Clear Ahead; Overlap
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 20.1, Room to Tack at an Obstruction: Hailing
Rule 20.2, Room to Tack at an Obstruction: Responding
When a boat approaching an obstruction hails for room to
tack, but does so before the time when she needs to begin
the process described in rule 20 to avoid the obstruction
safely, she breaks rule 20.1(a). However, even if the hail
breaks rule 20.1(a), the hailed boat must respond. An
inside overlapped boat is entitled to room between the
outside boat and an obstruction under rule 19.2(b) even
though she has tacked into the inside overlapping position.
Facts for Question 1
There are breakwaters projecting from the shore at fairly regular intervals
with a reasonable amount and depth of water between them. To be
competitive when beating against a contrary current, it is advantageous to
tack into and out of the area between adjacent breakwaters. SL and SW,
small keel boats, enter one such area overlapped, close-hauled on
starboard tack. In the absence of SW, SL would tack at a point where, on
port tack and close-hauled, she would just clear the end of the farther
breakwater.
Question 1
If SL were to hail for room to tack at position 2, would SW be required to
respond as required by rule 20.2(c)?
Answer 1
Yes. SW is required to respond by rules 20.2(b) and 20.2(c), even if at
position 2 SL was not yet in danger of running aground and her hail would
therefore break rule 20.1(a). To avoid breaking rule 20.1(a), SL must not
hail before the time when she needs to begin the process described in rule
20 to avoid the obstruction safely.
Additional Facts for Question 2
SL does not hail for room to tack. However, SW tacks between positions 2
and 3 at a point where, after she completes her tack, her close-hauled
course passes just to leeward of the end of the farther breakwater. Seeing
SW begin to tack, SL immediately begins to tack as well.
Question 2
After position 3, is PL (formerly SW), required to give PW (formerly SL)
room between her and the breakwater?
Answer 2
Yes. When SW tacks, SL is able to tack without breaking a rule. When
SW turns past head to wind, the overlap between her and SL ceases to
exist, because they are then on opposite tacks and sailing at less than 90
degrees to the true wind (see the definition Clear Astern and Clear Ahead;
Overlap). A new overlap begins when SL passes head to wind, at which
time the boats are once again on the same tack. After the new overlap
begins PL, by bearing off, can easily give PW room between her and the
breakwater. Therefore, rule 19.2(b) applies and, provided that PL and PW
remain overlapped, it requires PL to give PW that room.
GBR 1975/8
CASE 34
Rule 2, Fair Sailing
Rule 62.1(d), Redress
Rule 69.2, Misconduct: Action by a Protest Committee
Hindering another boat may be a breach of rule 2 and the
basis for granting redress and for action under rule 69.2.
Facts
As the sixth and final race of a championship series began, A’s
accumulated score was such that the only way she could lose the prize was
for B to finish ahead of her and among the first three of the 48
competitors. A crossed the line early and was recalled by loud hailer.
About 70 to 100 metres beyond the starting line, she turned back, but she
had sailed only some 20 to 30 metres towards the line when she met B,
which had started correctly. Instead of continuing towards the pre-start
side of the line A turned and began to hinder B by covering her closely.
The race committee hailed A again that she was still above the line and
received a wave of acknowledgement in return, but A continued to sail the
course, hindering B throughout the windward leg. When A and B reached
the windward mark, they were last but one and last respectively,
whereupon A retired. B ultimately finished in 22nd place.
Since it was obvious to the race committee that A continued to race solely
for the purpose of hindering B, it protested A under rule 2. A, which had
been scored OCS, was then given a disqualification that was not
excludable for breaking rule 2. She appealed, asserting that she believed
she had returned and started correctly.
Decision
A’s appeal is dismissed. It is clear from the facts found that A knew she
had not started as required by rule 28.1, and that she chose not to do so.
Facts are not subject to appeal. Penalizing A with a disqualification that
was not excludable for breaking rule 2 was appropriate.
A would not have broken rule 2 if she had returned to the pre-start side of
the starting line and started and, after having done so and without
intentionally breaking any rule, she had managed to overtake and pass B
and then closely covered her.
B could have requested redress and was entitled to receive it under rule
62.1(d).
The facts show a breach of sportsmanship and, therefore, of rule 2. Such a
clear breach of rule 2 should be dealt with severely. The protest committee
could also have called a hearing under rule 69.2, as a result of which it
could have disqualified A from the entire series or taken other action under
rule 69.2(h).
NOR 1975/1
CASE 35
Rule 20.2(c), Room to Tack at an Obstruction: Responding
When a boat is hailed for room to tack at an obstruction
and replies ‘You tack’, and the hailing boat is then able to
tack and avoid the hailed boat in a seamanlike way, the
hailed boat has complied with rule 20.2(c).
Facts
As two close-hauled boats approached a shore, L hailed W for room to
tack. W replied ‘You tack’ and L then tacked immediately. After tacking,
L bore away in a seamanlike way and passed under W’s stern, which she
cleared by three feet (1 m) or more. L protested W under rule 20.2(c). The
boats were 15 feet (4.5 m) in length and the wind was moderate. The
protest committee decided that W failed to give room as required by rule
20.2(c) and disqualified her. W appealed.
Decision
W’s appeal is upheld, and she is to be reinstated. L’s actions showed that
she had room to tack and avoid W. W therefore met her obligation under
rule 20.2(c).
USA 1976/189
CASE 36
Rule 49.2, Crew Position; Lifelines
Positioning of crew members relative to lifelines.
Facts
A boat in an offshore class, while close-hauled, had a crew member
positioned, for several minutes on two occasions, next to the shrouds with
his feet on the deck and his legs inside but touching the lifelines. While his
torso was substantially upright, part of it was outboard of an imaginary
line projected vertically from the top of the lifelines. The boat was disqualified under rule 49.2 and appealed.
Decision
The appeal is dismissed. To clarify the rule, the drawing shows possible
crew positions. Position 6 is the position of the appellant’s crew member.
Positions 1, 2 and 3 do not break the rule; positions 5 and 6 break it. On
boats equipped with one lifeline, position 4 breaks the rule. On boats
equipped with two lifelines, a crew member sitting on deck facing
outboard with his waist inside the lower lifeline and the upper part of his
body outside the upper lifeline, as shown in position 4, does not break the
rule.
USA 1976/194
CASE 37
Rule 32.1(c), Shortening or Abandoning After the Start
Rule 62.1(a), Redress
Each race of a regatta is a separate race. In a multi-class
regatta, abandonment may be suitable for some classes, but
not for all.
Facts
In the third race of a regatta for each of 15 offshore classes, all classes
sailed the same course on which a reaching mark was found to have
moved almost a mile (1.6 kilometres) out of position. Various boats in
several classes sought redress because of it. The mark moved out of
position over an hour before any of the boats in the last two classes
reached it. None of the boats in those two classes requested redress. The
protest committee, however, abandoned the races for all classes. The boats
in the last two classes then asked for redress, claiming that the
abandonment of their races was improper. Redress was denied. They
appealed.
Decision
The protest committee failed to distinguish between different procedures
under which a race may be abandoned. The race committee could have
abandoned the races under rule 32.1(c) because the mark was out of
position. It did not do so, however, and appeared to have been satisfied to
let the races stand.
If the protest committee had taken up the question on a class-by-class,
race-by-race basis, it would have found that there was no requirement or
need to abandon the races for the last two classes. There may have been
sufficient reason to abandon the races of some classes, but the protest
committee erred when it abandoned the races for the classes in which no
redress was requested. Its decision to do so was an ‘improper action’
within the meaning of rule 62.1(a). The appeals are upheld, and all of the
boats in the races of the two classes in question are reinstated in their
finishing places.
USA 1977/200
CASE 38
International Regulations for Preventing Collisions at Sea
The International Regulations for Preventing Collisions at
Sea (IRPCAS) are intended to ensure the safety of vessels
at sea by precluding situations that might lead to collisions.
When the IRPCAS right-of-way rules replace the rules of
Part 2, they effectively prohibit a right-of-way boat from
changing course towards the boat obligated to keep clear
when she is close to that boat.
Facts
At about 0030, L and W were running on starboard tack on parallel
courses about two hull lengths apart. W was clear astern of L and on a
track to windward of L’s track, and was steadily closing up on L. The
sailing instructions had, between sundown and sunrise, replaced the rules
of Part 2 with the IRPCAS right-of-way rules. L changed course to
starboard, forcing W to respond in order to avoid a collision. W protested
L on the grounds that ‘luffing was forbidden at night.’ The protest
committee upheld the protest under the IRPCAS, Part B, Section II, Rule
17. L appealed on the grounds that the protest committee had misapplied
the relevant IRPCAS rules.
Decision
IRPCAS Rule 13(a) states that ‘any vessel overtaking any other shall keep
out of the way of the vessel being overtaken,’ and Rule 13(b) states ‘A
vessel shall be deemed to be overtaking when coming up with another
vessel from a direction more than 22.5 degrees abaft her beam, that is, in
such a position with reference to the vessel she is overtaking, that at night
she would be able to see only the sternlight of that vessel but neither of her
sidelights.’ In the above case W was the overtaking vessel. Rule 13(d)
states, ‘Any subsequent alteration of the bearing between the two vessels
shall not . . . relieve [the overtaking vessel] of the duty of keeping clear of
the overtaken vessel until she is finally past and clear.’
The overtaken vessel, in this case L, has obligations towards the
overtaking vessel. These are in Rule 17, which states in part, ‘Where one
of two vessels is to keep out of the way, the other shall keep her course
and speed.’ It is this rule that prohibits the racing manoeuvre known as
‘luffing’ while the boats are so close that L’s luff forces W to change
course to avoid contact. Therefore, L’s appeal is dismissed and the protest
committee’s decision to penalize her is upheld.
CAN 1976/32
CASE 39
Sportsmanship and the Rules
Rule 60.2(a), Right to Protest; Right to Request Redress or Rule 69
Action
A race committee is not required to protest a boat. The
primary responsibility for enforcing the rules lies with the
competitors.
Facts
Throughout a five-race series, A competed with a crew of three. After the
last race, B and others jointly protested A, alleging that she had broken a
class rule that limited the crew to two. This was the first protest relating to
the matter. It was refused because the hulls of the protesting boats were all
over 6 metres long, but none of the boats displayed a red flag. This
decision was appealed on the grounds that the race committee ought, on its own initiative, to have protested A in all the races.
Decision
As provided in rule 63.5, the protest was invalid because no red flag was
displayed as required by rule 61.1(a). To uphold this appeal would amount
to a conclusion that a race committee ought to know the class rules of each
class, and that it then has an obligation to enforce them when members of
the class themselves fail to do so. No such obligation is placed on a race
committee. Furthermore, rule 60.2(a) is clearly discretionary. As stated in
Sportsmanship and the Rules, ‘Competitors in the sport of sailing are
governed by a body of rules that they are expected to follow and enforce.’
The primary responsibility for enforcing the rules therefore rests with the
competitors.
The appeal is dismissed, and the decision of the protest committee is
upheld.
CAN 1977/35
CASE 40
Rule 46, Person in Charge
Rule 75.1, Entering a Race
Unless otherwise specifically stated in the class rules,
notice of race or sailing instructions, the owner or other
person in charge of a boat is free to decide who steers her
in a race, provided that rule 46 is not broken.
Facts
In a series, A was entered by the owner, who steered her in race 1. In races
2 and 3 she was steered by another person from whom no entry had been
received. The race committee protested her, alleging that she had broken
class rule 11(e) in races 2 and 3. Class rule 11(e) reads, ‘Distribution of
duties between helmsman and crew shall be entirely at the discretion of the
helmsman, unless otherwise stipulated in the sailing instructions.’
The protest committee decided that A was a non-entrant and a non-starter
in races 2 and 3 and scored her DNS in those races, stating that class rule
11(e) did not allow permanent substitution by the crew at the helm for an
entire race or races, since the only purpose of that would be to improve a
boat’s chances of winning a series. A appealed.
Decision
A’s appeal is upheld. The owner of a boat may appoint another person to
steer her. It is the boat that is entered in a race (see rule 75.1) and, unless
otherwise specifically provided in the class rules, notice of race or sailing
instructions (which was not so in this case), it is a matter for the owner or
other person in charge of her to decide who steers her at any time,
provided that rule 46 is not broken. A is to be reinstated in the race results.
GBR 1977/2
CASE 41
Definitions, Clear Astern and Clear Ahead; Overlap
Definitions, Obstruction
Rule 11, On the Same Tack, Overlapped
Rule 12, On the Same Tack, Not Overlapped
Rule 19.2, Room to Pass an Obstruction: Giving Room at an
Obstruction
A discussion of how rule 19.2(b) and the definitions
Obstruction and Clear Astern and Clear Ahead; Overlap
apply when two overlapped boats on the same tack
overtake and pass to leeward of a boat ahead on the same
tack. There is no obligation to hail for room at an
obstruction, but it is prudent to do so.
Facts
Boats BL and BW, overlapped on starboard tack, are overtaking boat A,
also on starboard tack but moving more slowly. Before the boats reached
position 1, BW had overtaken BL from clear astern.
Question 1
What are the applicable rules
• while BW and BL are overtaking A?
• after BW becomes overlapped to leeward of A at position 2?
Answer 1
Because BW had overtaken BL from clear astern before the boats reached
position 1, rule 17 does not apply between BW and BL at any time during
the incident.
While BW and BL are overtaking A, rule 12 requires both BL and BW to
keep clear of A. Therefore, A is an obstruction to both BL and BW.
However, A is not a continuing obstruction, as the last sentence of the
definition Obstruction makes clear. BL may choose to pass A on either
side (see rule 19.2(a)). BL chooses to pass A to leeward. During the
interval of time that BW is between BL and A and both BW and BL are
still clear astern of A, rule 19.2(b) requires BL, the outside boat, to give
BW, the inside boat, room to pass between herself and A, the obstruction.
When BW becomes overlapped with A, the applicable rules change: BL
becomes overlapped with A because BW is between A and BL (see the
fourth sentence of the definition Clear Astern and Clear Ahead; Overlap);
rule 12 ceases to apply; BL and BW obtain right of way under rule 11 over
A, so A ceases to be an obstruction to BW and BL, and BL becomes an
obstruction to BW and A; initially, rule 15 requires both BL and BW to
give A room to keep clear; and, as soon as she is able to do so, A is
required by rule 19.2(b) to give BW room to pass between A and BL.
Question 2
When a boat is entitled to room under rule 19.2(b), is she required to hail
for room?
Answer 2
No. A boat entitled to room under rule 19.2(b) is not required to hail for
room, although that is a prudent thing to do to avoid misunderstandings.
GBR 1977/6
CASE 42
Deleted
CASE 43
Definitions, Clear Astern and Clear Ahead; Overlap
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
A close-hauled port-tack boat that is sailing parallel and
close to an obstruction must keep clear of a boat that has
completed her tack to starboard and is approaching on a
collision course.
Facts
P is sailing up-river, close-hauled on port tack, very close to the bank. S,
unable to point as high as P, is forced to sail away from the bank. She then
tacks onto starboard and immediately hails ‘Starboard’ to P. P sails on and,
when she reaches a position at which she cannot luff without hitting the
bank or bear away without colliding with S, she hails S for room.
Question
Which rule or rules apply?
Answer
P is subject to rule 10 and must keep clear. P is also required by rule 14 to
avoid contact if reasonably possible. S establishes right of way over P
when she tacks onto starboard, but must observe rules 13 and 15. S meets
rule 13’s requirement by not tacking so close that P has to take avoiding
action before S reaches her close-hauled course. After S acquires right of
way over P under rule 10, S complies with rule 15 by initially giving P
room to keep clear.
Rule 19.2(b) does not apply because S and P are on opposite tacks, are not
both sailing more than 90 degrees from the true wind, and so are not
overlapped at positions 3 and 4 (see the last sentence of the definition
Clear Astern and Clear Ahead; Overlap). Rule 20 does not apply because P
and S are not on the same tack. Therefore, S is not required to give P room
in response to P’s hail for room. However, after it becomes clear that P is
not keeping clear, rule 14 requires S, if it is reasonably possible, to avoid
contact with P. S would risk disqualification if there were contact that
caused damage or injury.
GBR 1978/5
CASE 44
Rule 60, Right to Protest; Right to Request Redress or Rule 69 Action
Rule 62.1(a), Redress
Rule 84, Governing Rules
A boat is not permitted to protest a race committee for
breaking a rule. However, she may request redress, and is
entitled to it when she establishes that, through no fault of
her own, an improper action or omission of the race
committee made her score or place significantly worse.
Facts
In the sailing instructions for a multi-class event, instruction 18 provided
for the starting line and first mark to be laid so that the first leg would be
sailed to windward. After the race committee did so and had started one
class, the wind backed some 55 degrees. The Finn class was next to start,
but the first mark could not be moved, since the prior class was still sailing
towards it and was well short of it. When the Finns started, none could
fetch the first mark on a single tack, but subsequent further backing of the
wind permitted some to do so. Boat A ‘protested the race committee’,
asserting that, under rule 84 and the definition Rule, sailing instruction 18
was a rule and the race committee had broken it.
The protest committee was satisfied that the first leg of the course was not
a ‘windward’ leg within the meaning of the sailing instructions. On the
other hand, it found no evidence to suggest that, within the terms of rule
62.1(a), A’s score or place in the race or series had, through no fault of her
own, been made worse because the first leg was not a ‘windward’ leg. The
protest committee ruled that the results of the race were to stand.
A appealed, asserting that her protest had not been based on a claim for
redress under rule 62.1(a). It was based simply on the fact that the race
committee had failed to comply with sailing instruction 18, a rule, and
with rule 84, which bound race committees to be governed by the rules.
The protest committee had based its decision on rule 62.1(a), which was,
in her opinion, incorrect. To allow a race to stand when it had not been
sailed as required by the rules contravened rule 84 and could not come
within the scope of rule 62.1(a).
Decision
The racing rules do not permit a race committee to be protested or
penalized; however a boat may request redress (see rule 60). The protest
committee allowed A’s complaint to be considered by treating it as a
request for redress under rule 62.1(a). It found that there was no evidence
that A’s score or place had been made worse by an action or omission of
the race committee. Accordingly, A’s appeal is dismissed.
GBR 1978/8
CASE 45
Definitions, Finish
Rule 62.1(a), Redress
Rule 64.2, Decisions: Decisions on Redress
When a boat fails to finish correctly because of a race
committee error, but none of the boats racing gains or loses
as a result, an appropriate and fair form of redress is to
score all the boats in the order they crossed the finishing
line.
Facts
During the day, the class sailed two races. After the first race, which the
boats finished leaving Mark 1 to starboard, the wind became light.
Accordingly, the race officer set a shorter second course and issued a
change to the sailing instructions stating that, although Mark B was the last
rounding mark, Mark 1 was to be left to starboard. The same mark was
being used for the finishing line of another race, and the race officer had
been advised not to set courses that might lead to different boats passing a
finishing mark or crossing the finishing line in opposite directions.
X and two other boats finished leaving Mark 1 to port and were scored
DNF. Y, followed by the rest of the fleet, sailed the course prescribed by
the change to the sailing instructions, leaving Mark 1 to starboard. They
thus sailed a ‘hook round’ finish as shown in the diagram.
X requested redress on the grounds that the race committee had not
applied the definition Finish correctly when it awarded first place to Y,
whereas X had been the first boat to finish as required by the definition.
The protest committee gave redress, agreeing that X and the other two
boats had finished correctly, and reinstated them in the race. For boats not
so finishing, the committee exercised its discretion under rule 64.2 to
‘make as fair an arrangement as possible for all boats affected.’ It adjusted
the race scores according to the order in which all the boats crossed the
finishing line, without regard to the direction in which they crossed it.
X appealed against the new finishing order, claiming that the wording of
the definition Finish was unequivocal and stating that such an arrangement
would negate the definition and defeat its purpose, which, she believed,
was to prevent ‘hook round’ finishes.
Decision
X’s appeal is dismissed. Because the sailing instruction that conflicted
with the definition Finish was invalid, issuing it was an improper action of
the race committee that qualified the three boats for consideration for
redress under rule 62.1(a). None of the boats gained or lost as a result of
the race committee error, so the redress awarded was appropriate. It was
also as fair an arrangement as possible for all boats affected, as required by
rule 64.2.
GBR 1979/1
CASE 46
Definitions, Proper Course
Rule 11, On the Same Tack, Overlapped
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
A leeward boat is entitled to luff to her proper course, even
when she has established a leeward overlap from clear
astern and within two of her hull lengths of the windward
boat.
Facts
For some time, W had been sailing almost dead downwind on a straight
course towards the starboard end of the finishing line when L, a boat that
had been clear astern, became overlapped within two of her hull lengths to
leeward of W. In the absence of W, L would have sailed a higher course
directly towards the line. In order to do so, she hailed W to come up. There
was no response. L hailed again and luffed to a position very close to W,
but W still did not respond. L stopped luffing and bore away just before
contact would have occurred. L protested under rule 11.
The protest committee held that there was insufficient evidence to show
that W would have finished sooner by sailing a higher course. It said that
even though there might be conflict between the courses of a windward
and a leeward boat, a boat overtaking another from clear astern did not
have the right to force a windward boat to sail above her proper course.
The protest was dismissed and L appealed, claiming the right to luff to her
proper course under rule 17.
Decision
Rule 11 says that when two boats on the same tack are overlapped the
windward boat shall keep clear. A leeward boat’s actions, however, are
limited by rules 16.1 and 17. There was room for W to keep clear when L
luffed, and so L did not break rule 16.1. The protest committee, although it
did not say so explicitly, recognized that L’s proper course was directly
towards the finishing line. A direct course to the line was not only closer
but would also have put L on a faster point of sailing. While L was not
entitled to sail above her proper course, she was entitled to luff to her
proper course, even though she had established the overlap from clear
astern while within two of her hull lengths of W. Accordingly, L did not
break rule 17.
W’s proper course is not relevant to the application of the rules to this
incident. She was required to keep clear of L. When L luffed, she gave W
room to keep clear as required by rule 16.1. At the moment L needed to
stop luffing and bear away to avoid contact, W broke rule 11. Therefore,
L’s appeal is upheld and W is disqualified for breaking rule 11.
USA 1979/224
CASE 47
Rule 2, Fair Sailing
A boat that deliberately hails ‘Starboard’ when she knows
she is on port tack has not acted fairly, and has broken rule
2.
Facts
An experienced helmsman of a port-tack boat hails ‘Starboard’ to a
beginner who, although on starboard tack, not being sure of himself and
probably being scared of having his boat holed, tacks to port to avoid a
collision. No protest is lodged.
One school of thought argues that it is fair game, because if a helmsman
does not know the rules, that is his own hard luck. The other school rejects
this argument, on the grounds that it is quite contrary to the spirit of the
rules to deceive a competitor in that way.
It is known that such a trick is often played, particularly when novices are
involved.
Question
In such a case, in addition to breaking rule 10, has the port-tack boat
broken rule 2?
Answer
A boat that deliberately hails ‘Starboard’ when she knows she is on port
tack has not acted fairly and has broken rule 2. The protest committee
might also consider taking action under rule 69.
GBR 1980/1
CASE 48
Rule 63.2, Hearings: Time and Place of the Hearing; Time for Parties
to Prepare
Part 5 of the racing rules aims to protect a boat from being
unfairly treated, not to provide loopholes for protestees. A
protestee has a duty to protect herself by acting reasonably
before a hearing.
Facts
Boat Y was protested by boat X over an incident between them. Y was disqualified, and she appealed.
Her appeal alleged that, contrary to rule 63.2, Y’s helmsman became
aware that a hearing was being held only when he was told to attend it; he
was refused permission to read the protest outside the hearing room but
was required to read it while the hearing was in progress; and he was not
given a reasonable time to prepare a defence.
The protest committee commented upon the appeal as follows: the time of
the hearing was posted on the official notice board; X’s protest was lodged
with the race office and was available for reading for well over an hour
prior to that time; her helmsman informed Y’s helmsman that the protest
had been lodged; he made no effort to prepare a defence; and he had to be
summoned from the club’s dining room when the protest committee, the
other party, and the witnesses were assembled and ready to proceed.
Decision
Y’s appeal is dismissed for the reasons given by the protest committee in
its comments. Y’s helmsman knew that his boat was being protested, and
it was his duty to protect himself by acting reasonably, which included
seeking out X’s protest form, reading it, and using the ample time
available to prepare his defence.
GBR 1980/5
CASE 49
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 21(a), Exoneration
Rule 63.3, Hearings: Right to be Present
Rule 64.1(a), Decisions: Penalties and Exoneration
When two protests arise from the same incident, or from
very closely connected incidents, they should be heard
together in the presence of representatives of all the boats
involved.
Facts
In a moderate to rough sea and a fresh breeze, S, close-hauled on starboard
tack on her proper course, converged with PW and PL, overlapped and
broad reaching on port tack on a different leg of the course. The rigging of
PW and S touched, in spite of S luffing sharply in an attempt to avoid a
collision, but there was no damage or injury.
Two protests arose from this one incident and were heard separately. In the
first protest, S v PW, the latter was disqualified under rule 10. The facts
found in that hearing did not mention PL. During the hearing of the second
protest, PW v PL, PL stated that she knew that S was converging with PW
and PL, that PW would be likely to need room from PL to avoid a possibly
serious collision, and that the situation was developing rapidly. PL was
disqualified under rule 19.2(b) for not giving PW room between her and S,
an obstruction. PW appealed the decision of the protest committee
disqualifying her for breaking rule 10.
Decision
In cases of this kind, the two protests should be heard together in the
presence of representatives of all the boats involved. This ensures that all
of them hear all of the testimony given to the protest committee about the
incident, as required by rule 63.3. Had this procedure been followed, the
protest committee would have learned that the collision between PW and S
arose from the inability of PW to bear away because PL did not give her
room to do so, and, under either rule 21(a) or rule 64.1(a), PW would have
been exonerated for breaking rule 10.
PW’s appeal is upheld, and she is to be exonerated for breaking rule 10
and reinstated. The protest committee’s decision to disqualify PL for
breaking rule 19.2(b) was correct.
GBR 1981/6
CASE 50
Definitions, Keep Clear
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
When a protest committee finds that in a port-starboard
incident S did not change course and that there was not a
genuine and reasonable apprehension of collision on the
part of S, it should dismiss her protest. When the committee
finds that S did change course and that there was
reasonable doubt that P could have crossed ahead of S if S
had not changed course, then P should be disqualified.
Facts
On a windward leg, P met S and sailed a course to cross ahead of S. S bore
away, displayed a protest flag, and hailed P her intent to protest. Both
boats were identical 27-foot (8 m) keel boats, and the wind strength was
Force 3.
S protested under rule 10, stating that she had to bear away to avoid
colliding with P. The protest committee dismissed the protest by S, stating
that ‘The need to change course could not be substantiated by the
conflicting testimony of the two helmsmen.’ S appealed.
Decision
Rule 10 protests involving no contact are very common, and protest
committees tend to handle them in very different ways. Some place an
onus on the port-tack boat to prove conclusively that she would have
cleared the starboard-tack boat, even when the latter’s evidence is barely
worthy of credence. No such onus appears in rule 10. Other protest
committees are reluctant to allow any rule 10 protest in the absence of
contact, unless the starboard-tack boat proves conclusively that contact
would have occurred had she not changed course. Both approaches are
incorrect.
S’s diagram, later endorsed by the protest committee, shows that S bore
away to avoid contact. P’s diagram, which was not endorsed by the protest
committee, showed a near miss if S did not bear away. P did not deny or
confirm that S bore away but said that, if she did, it was unnecessary.
A starboard-tack boat in such circumstances need not hold her course so as
to prove, by hitting the port-tack boat, that a collision was inevitable.
Moreover, if she does so she will break rule 14. At a protest hearing, S
must establish either that contact would have occurred if she had held her
course, or that there was enough doubt that P could safely cross ahead to
create a reasonable apprehension of contact on S’s part and that it was
unlikely that S would have ‘no need to take avoiding action’ (see the
definition Keep Clear).
In her own defence, P must present adequate evidence to establish either
that S did not change course or that P would have safely crossed ahead of
S and that S had no need to take avoiding action. When, after considering
all the evidence, a protest committee finds that S did not change course or
that there was not a genuine and reasonable apprehension of collision on
her part, it should dismiss her protest. When, however, it is satisfied that S
did change course, that there was reasonable doubt that P could have
crossed ahead, and that S was justified in taking avoiding action by
bearing away, then P should be disqualified.
On the facts, as shown in the diagram and the report of the protest
committee, the ability of P to cross ahead of S was doubtful at best. S’s
appeal is upheld, and P is disqualified.
CAN 1981/58
CASE 51
Rule 11, On the Same Tack, Overlapped
Rule 64.1(a), Decisions: Penalties and Exoneration
A protest committee must exonerate boats when, as a result
of another boat’s breach of a rule, they are all compelled to
break a rule.
Facts
The diagram shows the tracks of four large boats from approximately
thirty seconds before their starting signal until fifteen seconds before. At
position 2, MW was forced to bear away to avoid collision with W, and
almost immediately afterwards ML and L were also forced to bear away to
avoid the boat to windward. There was no contact between any of the
boats. Had W steered a course to keep clear, she would have crossed the
starting line before her starting signal. Each boat to leeward hailed the boat
to windward, and each protested the boat or boats to windward of her.
The protest committee disqualified W, MW, and ML and justified its
action with respect to the middle boats by stating that ‘failure to do so
would limit the effectiveness of rule 11 because all boats, except the most
windward one, would be immune from disqualification.’ MW and ML
both appealed.
Decision
Both appeals are upheld. MW and ML are to be reinstated. Both of them,
by their hails, attempted to avoid having to bear away, and neither bore
away before becoming obligated to do so to avoid contact with the boat
immediately to windward. Rule 14 required them to avoid contact if it was
‘reasonably possible’ to do so, and they complied with the rule. Each of
them broke rule 11, but each was compelled to do so because W broke rule
11. Therefore, each of them is entitled to exoneration under rule 64.1(a).
USA 1950/37
CASE 52
Rule 16.1, Changing Course
Rule 16.1 does not restrict the course of a keep-clear boat.
Manoeuvring to drive another boat away from the starting
line does not necessarily break this rule.
Facts
Before the starting signal, the two boats, A and B, reached away from the
starting line. A, moving faster, passed and was clear ahead of B at position
3. At position 4, A luffed up to close-hauled, intending to tack back to the
line, but she found that B also had luffed and worked into position where,
had A tacked, there would have been an immediate collision. A then bore
away to gybe, only to discover that B had borne away into a position
where a gybe would again cause collision. Finally, B gybed and headed for
the starting line, leaving A well astern.
A protested B under rule 16.1, claiming that she had been interfered with
while in the act of keeping clear. The protest committee disqualified B,
who appealed, holding that her disputed manoeuvres were legitimate
means of driving a competitor away from the starting line.
Decision
B’s appeal is upheld. She is reinstated. B’s actions describe a classic
manoeuvre in match and team racing, used to gain a favourable starting
position relative to another competitor. The essential point is that rule 16.1
applies only to a right-of-way boat, which B, at positions 3 and 4, was not.
At position 4, B, as windward boat, had to keep clear under rule 11, but A
could not tack without breaking rule 13. At position 5, B became the
leeward boat with right of way under rule 11. Had A gybed onto starboard
tack, A would have been subject to rule 15 and, if she changed course after
she was on starboard tack, to rule 16.1. The facts show that neither boat
broke any rule.
USA 1955/63
CASE 53
Rule 11, On the Same Tack, Overlapped
Rule 15, Acquiring Right of Way
A boat clear ahead need not take any action to keep clear
before being overlapped to leeward from clear astern.
Facts
Thirty seconds before the starting signal, W was nearly wayless, her sails
flapping. At least three hull lengths prior to becoming overlapped to leeward of W, L hailed ‘Leeward boat’. W took no evasive action.
Immediately after she became overlapped, L had to bear away to avoid
contact with W; meanwhile, W began to trim her sails and head up. L
protested. The protest committee found that W, having been given
adequate warning of the impending situation, failed to keep clear of a
leeward boat, thereby breaking rule 11. W appealed asking, ‘Does W,
under rules 11 and 15, have an obligation to anticipate becoming
overlapped to the extent of having to gather sufficient way to be able to
respond immediately after the boats become overlapped?’
Decision
Allowing adequate time for response, when rights and obligations change
between two boats, is implied in rule 15 by its requirement to allow a
newly obligated boat ‘room to keep clear’. This rule does not require a
boat clear ahead to take any action to keep clear as a windward boat before
the boat clear astern becomes overlapped to leeward.
If L had not borne away immediately, she would have broken rule 15.
After L became overlapped to leeward of W, W immediately trimmed her
sails, headed up, and thereafter kept clear. By taking these actions, W
fulfilled her obligations under rule 11. W’s appeal is upheld; neither boat
broke any rule. W is to be reinstated.
USA 1969/126
CASE 54
Rule 20, Room to Tack at an Obstruction
A boat is entitled to hail for room to tack at the time when
she needs to begin the process described in rule 20 to avoid
the obstruction safely. A boat that hails must give the hailed
boat sufficient time to respond before tacking herself. The
hail must clearly convey the hailing boat’s need to tack and
be sufficiently loud to be heard in the prevailing conditions.
If the hailed boat does not respond, the hailing boat can
repeat her hail if time permits, or avoid the obstruction and
protest.
Facts
Boat A is sailing close-hauled on port tack towards an obstruction that she
must tack to avoid. Boat B is sailing close-hauled one boat length to
windward and one boat length astern of A. A hails B for room to tack.
Question 1
As A is approaching the obstruction, how soon is she entitled to hail for
room to tack?
Answer 1
A may hail for room to tack at the time that, to avoid the obstruction
safely, she needs to begin the process described in rule 20. She may hail at
the moment that allows her sufficient time in the prevailing conditions to
• hail B for room to tack, and make a second hail in the event B does
not respond;
• give B time to respond (see Answer 2 below);
• give time for any additional boat that must respond for A to have
room to tack (see Case 113); and
• tack herself, as soon as possible thereafter, in a seamanlike manner
and avoid the obstruction.
Question 2
How quickly must B respond?
Answer 2
When the boats are clearly approaching an obstruction at which A will
need room to tack, B must be alert to the situation and anticipate a hail
from A. Anticipation is necessary because rule 20.2(c) requires B to
respond either by immediately replying ‘You tack’ or by tacking as soon
as possible. If B does not immediately hail ‘You tack’, A must give B the
time required for a competent, but not expert, crew to prepare for and
execute her tack in a seamanlike manner as soon as possible in the
prevailing conditions.
Question 3
What should A do if B does not respond to her hail?
Answer 3
Although the rule only requires one hail, if time permits it is prudent for A
to repeat her hail. The lack of a response from B does not mean that A
must hold her course. If needed, A should avoid the obstruction in the
safest manner, which may include luffing up to head to wind or gybing. A
can then protest if B has not responded as required by rule 20.2(c).
Question 4
What action by A constitutes a hail as required by rule 20?
Answer 4
Unlike rule 20.2(c), rule 20.1 does not require A to use specific words in
her hail but, to meet the requirements of the rule, those words must clearly
convey that A requires room to tack. The hail must be directed towards B
and be as loud as is required in the prevailing conditions to be capable of
being heard by B. A hail is primarily an oral signal, but in addition the
hailing boat may draw attention to the hail by, for example, physical
gestures, a whistle or horn signal, or, at night, light signals. If boats are
required to monitor a particular radio channel while racing, the hail may
also be made over that channel.
These requirements for hailing apply equally to B if she responds ‘You
tack’.
GBR 2016/2
CASE 55
Definitions, Party
Rule 62.1, Redress
Rule 70.1, Appeals and Requests to a National Authority
A boat cannot protest the race committee. However, she
may request redress or, if she is a party to a hearing,
request that it be reopened. A boat that was not a party to a
hearing does not have the right to appeal. When she
believes that her score or place has been made significantly
worse by an improper action or omission of the race
committee, her only remedy is to request redress. She may
then appeal the decision of the redress hearing.
Facts
Boat A ‘protested’ the race committee because of inadequate rescue
facilities in contravention of the club’s constitution. After receiving A’s
‘protest’, the race committee abandoned the completed race. No hearing
took place as a result of A’s ‘protest’. Boat B lodged an appeal.
Decision
B’s appeal is refused because it cannot be heard under rule 70.1. B does
not have the right to appeal because she was not a party to a hearing.
Therefore her ‘appeal’ is in fact not an appeal but a request for redress that
could have been addressed to and heard by the protest committee.
The following points may assist in the understanding of this case:
1. Only a boat can be protested; there is no provision in the racing rules
under which a boat can protest the race committee. The only actions a
boat can take against the race committee or any other body listed in
rule 62.1(a) is to request redress when she claims that her score or
place in a race or a series of races has been made significantly worse
through no fault of her own by an improper action or omission of the
body concerned, or to ask for a hearing to be reopened under rule 66
when she is a party to it. In this case, A made no such request; her
‘protest’ was merely a criticism of the race committee, which has no
significance under the racing rules.
2. Quite apart from her right under the racing rules to request redress, a
competitor is at liberty to point out to the race committee that it has
made an error. When aware of its error, the race committee may
consider abandoning the race under rule 32.1 or try to have the error
taken into account by asking the protest committee to consider giving
redress as permitted by rule 60.2(b).
3. If B had been a competitor in the race, or the series if the race was
part of a series, and had lodged a valid request for redress under rule
62.1(a) claiming that her score or place in the race or series had been
made significantly worse through no fault of her own by the
abandonment of the race, she would have been entitled to a redress
hearing at which she would have been a party. She then could have
appealed the decision of that hearing.
GBR 1982/11
CASE 56
Deleted
CASE 57
Rule 60.2, Right to Protest; Right to Request Redress or Rule 69
Action
Rule 78, Compliance with Class Rules; Certificates
When a current, properly authenticated certificate has been
presented in good faith by an owner who has complied with
the requirements of rule 78.1, the final results of a race or
series must stand, even though the certificate is later
withdrawn.
Facts
A and B were among boats racing under a rating system in a summer-long
series. After its completion, B requested redress on the grounds that the
race committee had used an incorrect rating certificate for A throughout
the series. After the request was lodged, the rating authority confirmed that
there had been an unsuspected error made by the rating authority in A’s
certificate ever since her first hull measurement some years previously. B
then stated that the race committee should have protested A.
The protest committee found that the owner of A was not responsible for
the error in the rating, nor was there any evidence that he had broken rule
78.1. It decided that no action or omission of the race committee was
responsible for the error or for its remaining undiscovered, and that
therefore B was not entitled to redress. It requested confirmation or
correction of its decision under rule 70.2.
Decision
The decision of the protest committee is confirmed. B claimed that the
race committee’s failure to protest A was prejudicial to herself and the
other boats in the class. However, the race committee’s right to protest a
boat under rule 60.2(a) is clearly discretionary and not mandatory.
Furthermore, in this case the report of the error in A’s certificate came
after the completion of the series, and it came from the national rating
authority, over which neither the organizing authority nor the race
committee had any authority.
When a valid certificate is found to be defective, it may be withdrawn by
the authority that issued it, but no retrospective action may be taken in
regard to a completed series or any completed races in a series that is still
in progress. Thus, when a current, properly authenticated certificate has
been presented in good faith and a race or series has been completed, the
results of that race or series must stand, even though at a later date the
certificate is withdrawn.
GBR 1983/1
CASE 58
Definitions, Finish
Definitions, Mark
Rule 28.1, Sailing the Course
If a buoy or other object specified in the sailing instructions
as a finishing-line limit mark is on the post-finish side of
the finishing line, a boat may leave it on either side.
Facts
The sailing instructions stated that the finishing line was between a mast
on shore and a mark, with an inner limit mark to be left to port. On the day
in question, the inner limit mark lay on the post-finish side of the line. P
crossed the line, and then rounded the inner limit mark as shown in the
diagram. The race officer timed her as finishing when her bow crossed the
line, before she had rounded the limit mark.
S requested redress on the grounds that the race officer acted incorrectly in
recording P as having finished before she had completed the course. The
protest committee did not give S redress and referred that decision, under
rule 70.2, for confirmation or correction.
Decision
The protest committee’s decision is confirmed. Rule 28.1 states that A
boat ‘may leave on either side a mark that does not begin, bound or end
the leg she is sailing.’ Since the inner limit mark was beyond the finishing
line it did not ‘bound’ or ‘end’ the last leg of the course. Only when a limit
mark is on, or on the course side of, the finishing line must a boat leave it
on the specified side before, or when, finishing.
GBR 1983/5
CASE 59
Rule 18.2(a), Mark-Room: Giving Mark-Room
Rule 18.2(b), Mark-Room: Giving Mark-Room
When a boat comes abreast of a mark but is outside the
zone, and when her change of course towards the mark results in a boat that is in the zone and that was previously
clear astern becoming overlapped inside her, rule 18.2(a)
requires her to give mark-room to that boat, whether or not
her distance from the mark was caused by giving mark-
room to other boats overlapped inside her.
Facts
Five boats were approaching a leeward mark dead before the wind. Four of
them were overlapped in line with A nearest the mark. The fifth boat, E,
was clear astern of A, B and C when those three boats reached the zone.
When D came abreast of the mark and turned to round it, E became
overlapped inside D. This occurred after E had already reached the zone
and before D reached it. E rounded the mark behind A, B and C but inside
D, which was able to give mark-room to E.
Question
Was E entitled to mark-room under rule 18.2(a) from D?
Answer
Yes. Because E was clear astern of A, B and C when they reached the
zone, she was required by rule 18.2(b) to give each of them mark-room.
Between E and D, however, a different relationship developed. In order to
leave room for the three inside boats with their booms fully extended, D
had to approach the mark on a course that brought her abreast of it outside
the zone. When E reached the zone, she was clear astern of D and D was
still outside the zone. Therefore, rule 18.2(b) did not apply between D and
E. When D changed course towards the mark, E obtained an inside overlap
and rule 18.2(a) began to apply between D and E. E was entitled to mark-
room under that rule, which D was able to give.
USA 1982/250
CASE 60
Withdrawn for Revision
CASE 61
Rule 71.4, National Authority Decisions
When the decision of a protest committee is changed or
reversed upon appeal, the final standings and the awards
must be adjusted accordingly.
Question
May the notice of race or sailing instructions state that, while the right of
appeal is not denied, final regatta standings and awards will not be affected
by any appeal decision?
Answer
No. Rule 86.1 prohibits changing any part of rule 70 or rule 71 in the
sailing instructions. An appeal involves not only the adjudication of a
dispute on the meaning of a rule but also, in the event of a change or
reversal of the decision of the protest committee, an adjustment of the
results of the race and the final standings of the regatta on which the
awards are based. Rule 71.4 states that the decision of the national
authority is final, and this decision must be implemented by those bodies
subject to rule 84 and governed by the rules: the organizing authority, the
race committee, the technical committee and the protest committee.
USA 1983/252
CASE 62
Deleted
CASE 63
Definitions, Mark-Room
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.2(c)(2), Mark-Room: Giving Mark-Room
Rule 21(a), Exoneration
At a mark, when space is made available to a boat that is
not entitled to it, she may, at her own risk, take advantage
of the space.
Facts
Two boats, A and B, broad reaching and about to leave a mark to
starboard, were overlapped with B outside. C was further astern. A passed
the mark about one hull length to leeward, as did B, leaving ample space
for C to round the mark inside them. B, because of her position outside A,
was unable to deny C that space, and at no time during the incident sailed
a course that would have resulted in a collision with C. No contact
occurred. B protested C.
The next leg of the course was a close reach on starboard tack to the next
mark (see direction to the next mark in the diagram).
The protest committee dismissed B’s protest stating that C did not break
any rule when she sailed between B and the mark and C did not cause B to
take avoiding action or prevent B from luffing. B appealed on the grounds
that C’s action prevented her from executing her intended manoeuvre,
which had been to slow down by bearing away and then to harden up
across A’s transom, thereby denying space to C to pass inside.
Decision
B’s appeal is dismissed.
Rule 12 (and later rule 11) required C to keep clear of B. When B reached
the zone at position 1, she was clear ahead of C so rule 18.2(b) required C
to give B mark-room. C complied with those rules.
After C became overlapped inside B, C was also required by rule
18.2(c)(2) to give B room to sail her proper course. However, because B
was overlapped outside A, B was prevented by A from sailing any closer
to the mark than she did. As a result, there was ample space for C to sail
between B and the mark without preventing B from sailing her proper
course. Therefore, C did not break rule 18.2(c)(2).
When a boat voluntarily or unintentionally makes space between herself
and a mark available to another that has no right to such space, the other
boat may take advantage, at her own risk, of the space. The risk the other
boat takes is that the boat entitled to mark-room may be able to close the
gap between herself and the mark while sailing her proper course. In that
case, the boat entitled to mark-room will be exonerated under rule 21(a) if
she breaks a rule of Section A or rule 15 or 16, and only rule 14 will limit
her course if she makes a rapid and aggressive attempt to close the gap
between herself and the mark.
GBR 1984/1
CASE 64
Deleted
CASE 65
Sportsmanship and the Rules
Rule 2, Fair Sailing
Rule 30.4, Starting Penalties: Black Flag Rule
Rule 69.2, Misconduct: Action by a Protest Committee
When a boat knows that she has broken the Black Flag
rule, she is obliged to retire promptly. When she does not
do so and then deliberately hinders another boat in the
race, she commits a breach of sportsmanship and of rule 2,
and her helmsman commits an act of misconduct.
Facts
At the start of race 4, A was clearly about three to four hull lengths on the
course side of the starting line. Rule 30.4 was in effect, so the race
committee disqualified her without a hearing. A, although she knew she was over the line at her starting signal, continued to race and covered B for
the first part of the first beat. B protested A for breaking rule 2.
The protest committee confirmed the disqualification of A under rule 30.4.
It also decided that, by continuing to race and cover B when she knew that
she had broken rule 30.4, A broke rule 2. As permitted by rule 2, it
penalized her by making her disqualification not excludable. Later the
same day, acting under rule 69.2, it called a hearing alleging that the
behaviour of A’s helmsman in hindering B constituted acts of misconduct.
It decided that the helmsman’s actions were indeed acts of misconduct and
that he had therefore broken rule 69.1(a). It excluded him and disqualified
A from all races of the series. A appealed the protest committee’s
decisions.
The protest committee confirmed the disqualification of A under rule 30.4.
It also decided that, by continuing to race and cover B when she knew that
she had broken rule 30.4, A broke rule 2. As permitted by rule 2, it
penalized her by making her disqualification not excludable. Later the
same day, acting under rule 69.2, it called a hearing alleging that the
behaviour of A’s helmsman in hindering B constituted acts of misconduct.
It decided that the helmsman’s actions were indeed acts of misconduct and
that he had therefore broken rule 69.1(a). It excluded him and disqualified
A from all races of the series. A appealed the protest committee’s
decisions.
Decision
A’s appeal is dismissed.
A was correctly disqualified from race 4 for breaking rule 30.4. The
protest committee found as fact that A’s helmsman knew that he had been
on the course side of the starting line at the starting signal; that he had
broken rule 30.4; that he was, therefore, already disqualified; and that he
had seriously hindered another boat in the race. A competitor who, while
knowing that his boat has already been disqualified, intentionally hinders
another boat clearly commits a breach of sportsmanship (see
Sportsmanship and the Rules) and rule 2. The protest committee was
justified in calling a hearing under rule 69.2, and it acted properly under
rule 69.2(h) in excluding A’s helmsman and disqualifying A from all races
of the series. The committee could also call a hearing under rule 60.3(b) to
consider redress for B (see rule 62.1(d)).
GBR 1984/7
CASE 66
Rule 84, Governing Rules
A race committee may not change, or refuse to implement,
the decision of a protest committee, including a decision
based on a report from an authority responsible for
interpreting the class rules.
Facts
There is a protest against a number of boats for failure to comply with
class rules. The protest committee, after a hearing, concludes that there is
reasonable doubt about the interpretation or application of the relevant
class rules. Acting under rule 64.3(b), it refers the matter to the class
association, as being the appropriate authority qualified to resolve such
questions. The class association reports that all the boats concerned have
broken a class rule, and the protest committee, accepting the report,
disqualifies the boats. The race committee then refuses to implement these
decisions because it alleges that for various reasons they are unfair.
Questions
May the race committee change or decide not to implement the decisions
of a protest committee, whether or not these decisions are based on a
report made under rule 64.3(b)? If not, who may take what action?
Answers
Rule 84 states that the race committee shall be governed by the rules. A
race committee has no jurisdiction over a protest committee and is not
entitled to change or refuse to implement any decision that the protest
committee may have made.
In this case, the protestor and each boat protested were the parties to the
hearing. Under rule 66, a party may ask that the hearing be reopened on
the grounds that the protest committee made a significant error or that
significant new evidence has become available. Also, under rule 70.1, a
party may appeal the protest committee’s decision or its procedures.
GBR 1984/16
CASE 67
Part 2 Preamble
Rule 69.2, Misconduct: Action by a Protest Committee
When a boat is racing and meets a vessel that is not, both
are bound by the government right-of-way rules. When,
under those rules, the boat racing is required to keep clear
but intentionally hits the other boat, she commits an act of
misconduct.
Facts
Under the government right-of-way rules applicable, W, a boat that was
racing, was required to keep clear of a sailing vessel to leeward, L, that
was not racing. W wished to sail a lower course to a mark and hailed L,
which refused to respond. W then intentionally hit L by bumping her boom
against L several times, thereby causing damage.
L informed the race committee of W’s behaviour. The race committee
protested W, and a hearing was called. W was disqualified for breaking
rules 11 and 14. W appealed on the grounds that the racing rules did not
apply, and consequently the protest committee was not entitled to
disqualify her.
Decision
W’s appeal is dismissed. The preamble to Part 2 of the racing rules makes
it clear that, when W met L, W was required to comply with the
government right-of-way rules. Moreover, W was also subject to the
racing rules other than those of Part 2. W did not comply with the
government rules and, by intentionally hitting and damaging L, committed
an act of misconduct (see rules 69.1(b)(1) and 69.1(b)(2)).
The decision of the protest committee is upheld, but W is disqualified
under the government rule(s) applicable and not under racing rule 11 or
rule 14. Both those rules are rules of Part 2, which would have applied
only if both boats had been intending to race, were racing, or had been
racing. W also committed an act of misconduct, so it would have been
appropriate for the protest committee to call a hearing under rule 69.2.
NED 2/1982
CASE 68
Definitions, Racing
Rule 62.1(a), Redress
The failure of a race committee to discover that a rating
certificate is invalid does not entitle a boat to redress. A
boat that may have broken a rule and that continues to race
retains her rights under the racing rules, including her
rights under the rules of Part 2 and her rights to protest
and appeal, even if she is later disqualified.
Facts
In a long distance race, boat A protested boat B under a rule of Part 2 and
B was disqualified.
B requested redress. She stated that it had come to light in a protest
hearing after an earlier race that A had failed to revalidate her rating
certificate and therefore had been ineligible to enter the long distance race.
B further claimed that since A was ineligible when she entered that race
she was not racing in it; therefore B had no reason to take a penalty or
retire, nor did A have the right to protest under rule 60.1.
The protest committee denied B’s request for redress, stating that the
invalidity of A’s rating certificate did not change the fact that she was
racing within the terms of the definition and so was entitled to her rights
under the rules of Part 2 and her right to protest under rule 60.1. B
appealed.
Decision
B’s appeal is dismissed. The failure of the race committee to discover the
invalidity of A’s rating certificate and prevent her from racing was not an
improper omission which worsened B’s finishing place within the meaning
of rule 62.1(a). Therefore, the protest committee properly denied B’s
request for redress.
A was a boat ‘intending to race’ prior to her preparatory signal and a boat
‘racing’ thereafter. The rules of Part 2 applied to her and to all other boats
that were racing. The principles of sportsmanship require a boat to take a
penalty when she realizes that she has broken a rule, but if she continues
racing she retains her rights under the racing rules, including her rights
under the rules of Part 2 and her rights to protest and appeal. The rules of
Part 2 govern all boats that are racing, whether or not one of them is later
disqualified for some reason.
CAN 1978/40
CASE 69
Rule 42.1, Propulsion: Basic Rule
Momentum of a boat after her preparatory signal that is the
result of being propelled by her engine before the signal
does not break rule 42.1.
Facts
In a flat sea and 1-2 knots of wind a boat enters the starting area under
power shortly before her preparatory signal at a speed of 5-6 knots. At the
preparatory signal she is moving at the same speed but no longer motoring.
At 2.5 minutes before her starting signal she hoists her sails and slows to 2
knots.
Question
Does she break rule 42.1?
Answer
No. A boat begins racing at her preparatory signal. During the period in
which the boat was racing she was using wind as a source of power as
required by rule 42.1. Her motion also resulted from momentum created
by engine power that propelled her before she began racing. Nothing in the
rule requires that a boat be in any particular state of motion or non-motion
when she begins racing. Therefore rule 42.1 was not broken.
USA 1986/269
CASE 70
Definitions, Mark-Room
Rule 11, On the Same Tack, Overlapped
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 21(a), Exoneration
An inside overlapped windward boat that is entitled to
mark-room from the outside boat must keep clear of the outside boat and, if she is sailing outside of the mark-room
to which she is entitled, she is not exonerated if she fails to
keep clear.
Facts
L and W, both about 14 feet (4 m) long, were sailing on starboard tack at
about 4 knots, approaching a windward mark to be left to starboard. The
direction of the course to the next mark was downwind. The boats were
overlapped with W, the inside boat, slightly ahead. W requested mark-
room and L replied, ‘Mark-room will be given when needed.’
Subsequently, when 20 feet (6 m) from the mark, the boats made contact
beam to beam. No damage or injury occurred. L protested W, alleging that
W broke rule 11.
The protest committee disqualified L for not giving W room to sail to the
mark after she asked for it. L appealed.
Decision
Before and at the time of the contact, rule 11 required W to keep clear of
L. While W was sailing to the mark, she broke rule 11 by sailing so close
to L that there was a need for L to take avoiding action. Under rule 18.2(b)
W was entitled to mark-room from L. W’s proper course was to sail close
to the mark, and so she was entitled to the space she needed in the existing
conditions to sail promptly to it in a seamanlike way. The diagram
accepted by the protest committee showed that, from the time W reached
the zone until contact occurred, L had given W room to sail to the mark,
but when W broke rule 11 she was not sailing within that room. For this
reason, W is not exonerated under rule 21(a) for breaking rule 11.
Both boats could easily have avoided the contact, and so both broke rule
14. However, the contact caused neither damage nor injury and, because L
was the right-of-way boat and W was entitled to mark-room, both boats
are exonerated for breaking rule 14 (see rule 14(b)).
L’s appeal is upheld. She is reinstated in her finishing place and W is
disqualified for breaking rule 11.
USA 1988/273
CASE 71
Sportsmanship and the Rules
Rule 29.1, Recalls: Individual Recall
Rule 62.1(a), Redress
Rule 64.2, Decisions: Decisions on Redress
A hail is not the ‘sound signal’ required when flag X is
displayed. Answers to questions arising from requests for
redress after a procedural error by the race committee.
Facts
Boats A and B were near the port end of the starting line and very close to
the line at the starting signal. The race committee, believing that both had
been on the course side of the line at their starting signal, displayed flag X
and hailed both sail numbers.
Neither A nor B heard the hails or saw flag X but continued racing and
their finishing places were recorded. Preliminary results were posted
showing A and B scored as OCS.
A promptly requested redress, citing as grounds that the race committee
failed to make the required sound signal and that she did not see a flag or
have any other reason to believe that she did not start correctly.
The protest committee heard A’s request. The committee did not find as
fact whether or not A or B was on the course side of the starting line at the
starting signal. However, when the committee learned that B was next to
A, it gave redress to both boats, stating that they were to be scored in their
finishing places and, where appropriate, other boats’ scores were to be
adjusted downwards. This done, C, which had finished behind A and B,
requested redress, claiming that the race committee’s omission of the
required sound signal had made her score significantly worse by causing
two boats which failed to start properly to be scored ahead of her. C’s
request was denied and she appealed.
In commenting on the appeal the race committee asked several questions.
Question 1
Did the hail of sail numbers constitute a sound signal?
Answer 1
No. The hail of one or more sail numbers is not the sound signal required
when flag X is displayed.
Question 2
Did the protest committee act properly in giving redress to A?
Answer 2
Yes. When a boat reasonably believes that she has started properly and has
not been notified to the contrary in the manner required by rule 29.1 and
when she is then scored OCS, she is entitled to redress under rule 62.1(a).
The claim that A was over the line early was not established as fact.
Therefore, scoring A in her finishing place was an appropriate form of
redress in this circumstance.
However, if it were determined in a hearing that a boat knew that she had
been over the line, she would have been obliged to comply with rule 28.1
and, if it applied, rule 30.1, and she would not be entitled to redress. Had
she broken those rules, she would also have broken rule 2 and failed to
comply with the Basic Principle, Sportsmanship and the Rules.
Question 3
Did the protest committee act properly in giving redress to B, which had
not requested it?
Answer 3
Yes. The protest committee found that B was in the same circumstances as
A, and it then acted as required by rule 64.2’s first sentence.
Question 4
Was C entitled to redress?
Answer 4
No. The claim that A and B were over the line early was not established as
fact. Therefore, despite the race committee’s failure to make the required
sound signal, C’s claim that her score was made significantly worse by
that error is not supported by the facts. C is not entitled to redress, and her
appeal is denied.
See also Cases 31 and 79.
USA 1988/276
CASE 72
Rule 61.1(a), Protest Requirements: Informing the Protestee
Discussion of the word ‘flag’.
Question
What is the test of whether an object is a flag within the meaning of rule
61.1(a)?
Answer
In the context of rule 61.1(a), a flag is used as a signal to communicate the
message, ‘I intend to protest.’ Only if the object used as a flag
communicates that message, with little or no possibility of causing
confusion on the part of those on competing boats, will the object qualify
as a flag. A flag must be seen primarily to be a flag.
USA 1988/277
CASE 73
Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped
When, by deliberate action, L’s crew reaches out and
touches W, which action could have no other intention than
to cause W to break rule 11, then L breaks rule 2.
Facts
W and L were overlapped on starboard tack beating towards the windward
mark. The crew of L, who was on a trapeze, reached out and deliberately
touched W’s deck with a hand and intimated that W should retire. L
protested W. The protest committee disqualified W under rule 11 and she
appealed.
Decision
W’s appeal is upheld; L is disqualified and W reinstated. Because L could
sail her course with no need to take avoiding action and there was no risk
of immediate contact had L changed course in either direction, W was
keeping clear of L. Therefore, W did not break rule 11. The deliberate
action of L’s crew, which could have had no other intention than to
disqualify W, broke rule 2.
GBR 1971/6
CASE 74
Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped
There is no rule that dictates how the helmsman or crew of
a leeward boat must sit. Contact with a windward boat
does not break rule 2 unless the helmsman’s or crew’s
position is deliberately misused.
Facts
W was overtaking L in sub-planing conditions on a close reach. L luffed
slightly, the helmsman’s back making contact with W just forward of the
shroud. At this point the hulls were about an arm’s length apart. Neither
boat took a penalty. W protested L under rule 2. The protest committee
disqualified L under rule 2, stating that W was correctly trimmed with full
sails and her crew sitting by the leeward shroud. ‘Contact’, it continued, ‘could only have been made if L’s helmsman was sitting out flat. In the
prevailing conditions this was significantly beyond the normal sailing
position required.’ L appealed.
Decision
L’s appeal is upheld; she is reinstated and W disqualified under rule 11. In
Case 73 it is clear that L’s crew deliberately touched W with the intention
of protesting her out of the race. In this case there was no such deliberate
action by L. There is no rule that dictates how a helmsman or crew must
sit and, in the absence of deliberate misuse of his positioning, no breach of
rule 2 took place.
GBR 1993/2
CASE 75
Definitions, Proper Course
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.4, Mark-Room: Gybing
When rule 18 applies, the rules of Sections A and B apply
as well. When an inside overlapped right-of-way boat must
gybe at a mark, she is entitled to sail her proper course
until she gybes. A starboard-tack boat that changes course
does not break rule 16.1 if she gives a port-tack boat
adequate space to keep clear and the port-tack boat fails to
take advantage of it promptly.
Facts
Two boats, S and P, were sailing directly downwind towards a leeward
mark to be left to port. They had been overlapped for several lengths with
S inside and slightly ahead. As S entered the zone, she luffed. As her bow
came abreast of the mark she bore away to gybe, and there was contact,
but no damage or injury. S protested P under rule 10 while P protested S
under rule 18.
The protest committee disqualified P for breaking rule 10. P appealed,
asserting that she had given S mark-room and that S had broken rule 18.4.
Decision
At position 1, S reached the zone and P was required by rule 18.2(b) to
give S mark-room thereafter. In addition, until S gybed P was required by
rule 10 to keep clear of S. As S luffed, she was required by rule 16.1 to
give P room to keep clear, and until she gybed S was also required by rule
18.4 to sail no farther from the mark than needed to sail her proper course.
The mark-room that P was required to give S was the space S needed in
the existing conditions to sail promptly to the mark in a seamanlike way.
That space was a direct corridor from S1 to a position close to and
alongside the mark on the required side. P gave S that room. However,
because S had right of way she was not required to remain within that
corridor; she was permitted to sail any course provided that she complied
with rules 16.1 and 18.4.
S luffed gradually through approximately 45 degrees while sailing about
three lengths forward, and P made no effort to keep clear. Shortly before
position 2, S needed to act to avoid P. At that moment P broke rule 10.
When S luffed after position 1, if P had acted promptly there was space for
her to have manoeuvred in a seamanlike way to keep clear of S. Therefore
S did not break rule 16.1.
When S gybed just after position 2, she had not sailed farther from the
mark than needed to sail her proper course. Indeed, in the absence of P
(the boat ‘referred to’ in the definition Proper Course), S’s proper course
might well have been to sail even farther from the mark and higher than
she did, so as to make a smoother, faster rounding and to avoid
interference with her wind by being backwinded or blanketed by other
boats ahead. Therefore S did not break rule 18.4.
Concerning rule 14, both boats broke the rule because there was contact
and it was ‘reasonably possible’ for each of them to avoid it. P is therefore
disqualified under rule 14 as well as rule 10. However, S is exonerated
because she was the right-of-way boat when the contact occurred and there
was no damage or injury (see rule 14(b)).
P’s appeal is dismissed. She was properly disqualified, and S did nothing
for which she could be penalized.
USA 1976/195
CASE 76
Withdrawn for Revision
CASE 77
Definitions, Keep Clear
Rule 12, On the Same Tack, Not Overlapped
Rule 14, Avoiding Contact
Rule 31, Touching a Mark
Contact with a mark by a boat’s equipment constitutes
touching it. A boat obligated to keep clear does not break a
rule when touched by a right-of-way boat’s equipment that
moves unexpectedly out of normal position.
Facts
Boats A and B approached the leeward mark with spinnakers set. A rounds
the mark clear ahead of B. A has difficulty lowering her spinnaker and, as
she assumes a close-hauled course, her spinnaker guy trails astern by some
30 feet (9 m) and drags across part of the mark above the water. Later,
when the mark is about five lengths astern of B, the boats are sailing close-
hauled on port tack and B is 20 feet (6 m) astern of A. A is still having
difficulties handling her spinnaker and the head of her spinnaker
unexpectedly streams astern and strikes B’s headstay.
Question
What rules apply during these incidents and does any boat break a rule?
Answer
When A’s spinnaker guy drags across the mark, she breaks rule 31. A boat
touches a mark within the meaning of rule 31 when any part of her hull,
crew or equipment comes in contact with the mark. The fact that her
equipment touches the mark because she has manoeuvring or sail-handling
difficulties does not excuse her breach of the rule.
When contact occurs later between the two boats, rule 18 no longer
applies. Because A’s spinnaker is not in its normal position, the boats are
not overlapped and, therefore, rule 12 applies. That rule requires B to keep
clear of A, which she is doing because nothing B did or failed to do
required A ‘to take avoiding action’ (see the definition Keep Clear). This
is shown by the fact that the contact between them results exclusively from
A’s equipment moving unexpectedly out of normal position. Therefore, B
did not break rule 12.
Rule 14 also applied. A broke rule 14 by causing contact that she could
have avoided. However, because there was no damage or injury, A is
exonerated (see rule 14(b)). It was not reasonably possible for B to avoid
contact with A’s spinnaker as it streamed astern, and so B did not break
rule 14.
Note that Case 91 also addresses an incident involving equipment out of
its normal position.
USA 1980/232
CASE 78
Rule 2, Fair Sailing
Rule 41, Outside Help
Rule 69.1(a), Misconduct: Obligation not to Commit Misconduct;
Resolution
In a fleet race either for one-design boats or for boats
racing under a handicap or rating system, a boat may use
tactics that clearly interfere with and hinder another boat’s
progress in the race, provided that, if she is protested under
rule 2 for doing so, the protest committee finds that there
was a reasonable chance of her tactics benefiting either her
final ranking in the event or her chances of gaining
selection for another event or for her national team.
However, she breaks rule 2, and possibly rule 69.1(a), if
while using those tactics she intentionally breaks a rule.
Facts for Question 1
In a fleet race for one-design boats, boat A uses tactics that clearly
interfere with and hinder boat B’s progress in the race. While using those
tactics, A does not break any rule, except possibly rule 2 or rule 69.1(a). B
protests A under rule 2.
Question 1
In which of the following circumstances would A’s tactics be considered
unsportsmanlike and a breach of rule 2 or of rule 69.1(a)?
(a) The protest committee finds that there was a reasonable chance that
A’s tactics would benefit her final ranking in the event.
(b) The protest committee finds that there was a reasonable chance that
A’s tactics would increase her chances of gaining selection for
another event.
(c) The protest committee finds that there was a reasonable chance that
A’s tactics would increase her chances of gaining selection to her
national team.
(d) The protest committee finds that A and a third boat, boat C, had
agreed that they would both adopt tactics that benefited C and that
there was a reasonable chance that A’s tactics would benefit C’s
final ranking in the event.
(e) The protest committee finds that A was attempting to worsen B’s
race or series score for reasons unconnected with sport.
Answer 1
In circumstances (a), (b) and (c), A would be in compliance with
recognized principles of sportsmanship and fair play because there is a
sporting reason for her actions.
In circumstance (d), both A and C would break rule 2, and possibly rule
69.1(a). In addition, by receiving help prohibited by rule 41 from A, C
would also break rule 41.
In circumstance (e), A would break rule 2, and possibly rule 69.1(a)
because, with no good sporting reason, her actions would clearly break
recognized principles of sportsmanship and fair play.
Question 2
Would Answer 1 be different if the boats had been racing under a handicap
or rating system and if A had been faster or more manoeuvrable than B?
Answer 2
No.
Question 3
Would Answer 1 be different if, while using tactics that clearly interfered
with and hindered B’s progress in the race, A had intentionally broken a
rule?
Answer 3
Yes. Whenever a boat intentionally breaks a rule, she also breaks rule 2,
and possibly rule 69.1(a).
USA 1991/282, revised extensively by World Sailing 2009 and 2013
CASE 79
Rule 29.1, Recalls: Individual Recall
When a boat has no reason to know that she crossed the
starting line early and the race committee fails to promptly
signal ‘Individual recall’ and scores her OCS, this is an
error that significantly worsens the boat’s score through no
fault of her own, and therefore entitles her to redress.
Facts
At the start of a race for one-design boats, ten boats near the middle of the
starting line were slightly across the line at their starting signal. The race
committee signalled ‘Individual recall’ by displaying flag X with one gun.
However, these signals were made approximately 40 seconds after the
starting signal. None of the boats returned to start, and several of them
lodged requests for redress upon learning after the race that they had been
scored OCS.
Question 1
In rule 29.1, what does ‘promptly display’ mean?
Answer 1
No specific amount of time will apply in all circumstances, but in this rule
it means a very short time. A race committee should signal ‘Individual
recall’ within a very few seconds of the starting signal. Forty seconds is
well beyond the limits of acceptability.
Question 2
Is it reasonable for a boat to request redress because of a less-than-prompt
individual recall signal, even when she did not return to start?
Answer 2
Yes.
Question 3
Why should a boat be given redress because of the committee’s failure to
signal promptly, when the rules say that failure to notify a boat that she is
on the course side of the starting line at her starting signal does not relieve
her of her obligation to start correctly?
Answer 3
The rules do not say this. Rule 29.1 obligates the committee to signal all
boats that one or more of them are on the course side of the starting line at
the starting signal. Rule 28.1 and, if it applies, rule 30.1 obligate each boat
to return to the pre-start side of the line and then start, but this assumes
that the signals, both visual and sound, have been made. When a signal is
not made or, as in this case, when the signal is much too late, it places a
boat that does not realize that she was slightly over the line at the starting
signal at a significant disadvantage because she cannot use the information
the signal provides, in combination with her observations of her position
relative to other boats at the time the signal is made, to decide whether or
not to return to the pre-start side of the line.
Question 4
How can a boat that fails to start properly be entitled to redress when rule
62.1 requires that her score be made significantly worse ‘through no fault
of her own’?
Answer 4
A boat that has no reason to believe that she was on the course side of the
line at her starting signal has the right to assume that she started correctly
unless properly signalled to the contrary. As Answer 3 indicates, a boat
can be significantly disadvantaged by a delay by the race committee in
making the recall signal. That error is entirely the race committee’s fault,
and not that of the disadvantaged boat. (See Case 31 for a discussion of
appropriate redress in a similar situation.)
USA 1992/285
CASE 80
Rule 60, Right to Protest; Right to Request Redress or Rule 69 Action
Rule 61.2(b), Protest Requirements: Protest Contents
Rule 62.1(a), Redress
Rule A5, Scores Determined by the Race Committee
A hearing of a protest or a request for redress must be
limited to the alleged incident, action or omission.
Although a boat must be scored DNF if she does not finish according to that term’s definition, she is not to be scored
DNF for failing to sail the course correctly.
Facts
When boat A crossed the finishing line from the course side, the race
committee scored her DNF because it believed from its observations that
she had not left one of the rounding marks on the required side and,
therefore, had failed to sail the course correctly. A requested redress on the
grounds that, even though she had finished properly, she was not given a
finishing place. The protest committee did not give A redress, deciding
that rule 62.1(a) did not apply because A failed to sail the course correctly,
and that her failure to do so was not due to an act or omission of the race
committee but was entirely her own fault. A appealed.
Decision
A’s appeal is upheld. The race committee acted improperly in scoring A
DNF when she did finish according to the definition Finish. The race
committee could have scored A as DNF only for failing to finish correctly
(see rule A5). Since A crossed the finishing line from the course side, and
none of the three exceptions in the definition Finish applied, she should
have been recorded as having finished.
A fundamental principle of protest committee procedure is that a hearing
must be limited to the particular ‘incident’ alleged in a protest (see rule
61.2(b)) or to the particular incident alleged to be ‘an improper action or
omission’ in a request for redress under rule 62.1(a). Although the incident
that was the subject of A’s request for redress was that she had been
incorrectly scored DNF, the protest committee turned to a different
incident when it considered whether or not she had failed to sail the course
correctly and therefore broken rule 28.1. Since that incident was not the
incident alleged in the redress for request, the committee acted improperly.
If a race committee believes from its observations that a boat has not sailed
the course correctly, it may protest the boat for that breach as permitted by
rule 60.2(a). In this case, the race committee did not protest A. Because A
had not been protested for failing to sail the course correctly, she could not
be penalized for that failure (see rule 63.1).
In summary, the facts show that A finished according to the definition
Finish. She should not have been scored DNF and was therefore entitled to
redress under rule 62.1(a) for an improper action of the race committee.
The decision of the protest committee is reversed and A is to be scored as
having finished at the time she crossed the finishing line.
USA 1993/289
CASE 81
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 18.1(b), Mark-Room: When Rule 18 Applies
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.2(d), Mark-Room: Giving Mark-Room
When a boat entitled to mark-room under rule 18.2(b)
passes head to wind, rule 18.2(b) ceases to apply and she
must comply with the applicable rule of Section A.
Facts
Two boats, A and B, close-hauled on starboard tack, approached a mark to
be left to starboard. A entered the zone clear ahead and on a track to
leeward of B, and tacked onto a close-hauled port-tack course in order to
round the mark. B, still on starboard tack, made contact with A, then on
port tack, causing no damage or injury. Both boats protested.
Citing rule 18.1(b), the protest committee decided that rule 18 did not
apply because just prior to the contact both boats were on opposite tacks
and B had to tack to pass the mark on her proper course. Having decided
that rule 18 did not apply, the protest committee disqualified A under rule
10. A appealed.
Decision
B was clear astern of A from position 1 to position 4. While B was clear
astern, rule 12 required her to keep clear of A. Also, from the time A
reached the zone until she passed head to wind, rule 18.2(b)’s second
sentence applied, requiring B to give A mark-room. B fulfilled both these
obligations. Shortly before position 5, when A passed head to wind, B’s
obligation to give A mark-room ended (see rule 18.2(d) or rule 18.1(b)).
At that time B acquired right of way and A became obligated to keep clear
of B, first by rule 13 and later, after A was on a close-hauled course, by
rule 10. Rule 15 did not apply because B acquired right of way as a result
of A’s tack.
It is not clear from the facts whether B needed to act to avoid A before or
after A assumed a close-hauled course on port tack. However, it is clear
that B needed to act to avoid A while B held right of way. Therefore, A is
disqualified, under either rule 13 or rule 10. Because it was possible for A
to have avoided the contact, she also broke rule 14.
Rule 14 applied to B, but the facts do not enable a determination of
whether it was reasonably possible for B, acting after it became clear that
A was not keeping clear, to have avoided the contact. However, it is not
necessary to make that determination because B had right of way and the
contact did not cause damage or injury. Therefore, if B had been found to
have broken rule 14, she would have been exonerated under rule 14(b).
A’s appeal is dismissed. She remains disqualified, and B is not to be
penalized.
USA 1993/290
CASE 82
Definitions, Finish
Rule 62.1(a), Redress
When a finishing line is laid so nearly in line with the last
leg that it cannot be determined which is the correct way to
cross it in order to finish according to the definition, a boat
may cross the line in either direction and her finish is to be
recorded accordingly.
Facts
At the finish of a race boat A crossed the finishing line from the side of the
line that she believed was the course side, leaving mark F to starboard. She
recorded the time she crossed the line. The race officer did not record her
as having finished and did not make a sound signal. Hearing no sound
signal, A sailed the track shown in the diagram and finally crossed the line
leaving mark F to port, at which time the race officer recorded her as
having finished and made a sound signal. A requested redress, asking that
the time she recorded at her first crossing be used as her finishing time.
The protest committee found as a fact that the committee boat was
swinging back and forth across a line parallel to the last leg, but believed
that the race officer was watching closely to determine the correct
direction for each boat to cross the line. Redress under rule 62.1(a) was
denied and A appealed.
Decision
A’s appeal is upheld. Positioning the finishing line marks so that boats
cannot easily determine in which direction they should cross the finishing
line is an improper action on the part of the race committee. When a boat
cannot reasonably ascertain in which direction she should cross the
finishing line so as to conform to the definition Finish, she is entitled to
finish in either direction. A is therefore entitled to redress under rule
62.1(a). She is to be given her finishing place calculated from the time she
herself recorded when she crossed the line for the first time.
GBR 1992/1
CASE 83
Rule 49.2, Crew Position; Lifelines
Repeated sail trimming with a competitor’s torso outside
the lifelines is not permitted.
Facts
In a race for 24-foot (7 m) boats whose class rules require lifelines the
wind is about 15 knots with gusts lasting about three seconds; a choppy
sea is striking the boats on the beam. A’s spinnaker trimmer is standing on
the windward side of the deck holding the sheet, which he is barely able to
pull in. His posture changes to compensate for changes in the boat’s trim
and the load on the sheet. During some of the gusts he is seen to be leaning
back with part of his torso outboard of the lifelines.
Questions
1. Is it correct to equate the words ‘position any part’ in rule 49.2 with a
stationary position?
2. Is leaning against the load on a sheet ‘to perform a necessary task’,
for example trimming the sheet?
3. Is the duration of a gust ‘brief’ in these circumstances?
Answers
It is clear from diagram 6 of Case 36 that the position adopted by A’s crew
member is capable of breaking rule 49.2. To ‘position the torso’ does not
mean that the torso is stationary; it implies a deliberate act with some
duration.
The phrase ‘to perform a necessary task’ contained within rule 49.2 means
that the torso may be positioned outside the lifelines only to perform a task
that could not reasonably be carried out from within the lifelines. The use
of ‘briefly’ in the rule makes it clear that the torso must be moved inboard
as soon as the task is completed.
The rule is clearly aimed at permitting an otherwise illegal action.
Permission does not extend to normal sail trimming even when this would
be more effectively achieved by positioning the torso outside the lifelines.
Rule 49.2 is for the safety of the crew, and it is unavoidable that it inhibits
the gains that might be obtained from optimizing weight distribution of the
crew. The actions of A’s crew member in leaning outboard of the lifelines
break rule 49.2.
GBR 1992/10
CASE 84
Deleted
CASE 85
Definitions, Rule
Rule 61.1, Protest Requirements: Informing the Protestee
Rule 86.1(c), Changes to the Racing Rules
If a racing rule is not one of the rules listed in rule 86.1(c),
class rules are not permitted to change it. If a class rule
attempts to change such a rule, that class rule is not valid
and does not apply.
Facts
Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class
Rules states:
The requirement in racing rule 61.1 to display a red flag shall not
apply to the XYZ Class unless specifically required in writing in
the sailing instructions of a race or series of races.
In a race for XYZ Class boats, boat A protested boats B and C and noted
on her protest form that she did not display a red flag because it was not
required by her class rules. The protest committee, relying on class rule 5,
decided the protest was valid and B objected to that decision on the
grounds that class rule 5 was not valid. Despite B’s objection, the protest
committee proceeded with the hearing and disqualified B and C. B
appealed.
Decision
B’s appeal is upheld. Paragraph (d) of the definition Rule makes it clear
that class rules apply to a race. Class rules may change racing rules, but
only the rules listed in rule 86.1(c) and, with the approval of World
Sailing, a rule in Appendix G (see rule G5). Rule 61 is not one of those
rules, and therefore class rule 5, which attempts to change rule 61.1, is not
valid and cannot apply. The sailing instructions might have changed rule
61.1 as permitted in rule 86.1(b), but did not do so. Therefore, A’s protest
was invalid and should have been refused. Accordingly, the protest
committee’s decisions are reversed, and the two boats are reinstated in
their finishing places.
USA 1994/299
CASE 86
Deleted
CASE 87
Definitions, Keep Clear
Rule 10, On Opposite Tacks
Rule 14(a), Avoiding Contact
A right-of-way boat need not act to avoid contact until it is
clear that the other boat is not keeping clear.
Facts
The angle of the starting line made it only just possible for a close-hauled
boat on starboard tack to cross the line, and most boats approached on port
tack. However, S approached on starboard tack from the right-hand end,
continually hailing ‘Starboard’ to port-tack boats as they approached.
P1 and P2 bore off below S. P3, however, made no attempt to avoid S and
struck her amidships at right angles, causing considerable damage. The
protest committee disqualified both boats, P3 under rule 10 and S under
rule 14. S appealed.
Decision
Rule 10 required P3 to keep clear of S. Rule 14 required each boat to avoid
contact with the other boat if reasonably possible. In P3’s case, rule 14’s
requirement to avoid contact with S was consistent with the broader
requirement of rule 10 that she allow S to ‘sail her course with no need to
take avoiding action’ (see the definition Keep Clear). P3 broke both rule
10 and rule 14.
In S’s case, while rule 10 required P3 to keep clear of her, at the same time
S was required by rule 14 to avoid contact if it was ‘reasonably possible’
to do so. However, rule 14(a) allowed S to sail her course in the
expectation that P3 would keep clear as required, until such time as it
became clear that P3 would not do so. In this case, the diagram shows that
P3 could readily have borne off and avoided S from a position very close
to S. For that reason, the time between the moment it became clear that P3
would not keep clear and the time of the collision was a very brief interval,
so brief that it was impossible for S to avoid contact. Therefore, S did not
break rule 14. S’s appeal is upheld, and she is to be reinstated.
CAN 1994/105
CASE 88
Definitions, Keep Clear
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
A boat may avoid contact and yet fail to keep clear.
Facts
S and P, two keelboats about 24 feet (7 m) in length, approached each
other on a windward leg, sailing at approximately the same speed in 12 to
15 knots of wind and ‘minimal’ sea conditions. S was slightly ahead.
When approximately three hull lengths away, S hailed ‘Starboard’ and did
so again at two hull lengths, but P did not respond or change course. At
position 1 in the diagram both boats changed course at the same moment.
S, fearing a collision, luffed sharply intending to tack and thereby
minimize damage or injury, and P bore away sharply. As soon as she saw
P bear away, S immediately bore away also. P, with her tiller turned as far
to port as it would go, passed astern of S within two feet (0.6 m) of her.
There was no contact. S protested under rule 10.
The protest committee decided that P did not break rule 10. It then
considered whether S had broken rule 16.1 or 16.2 by luffing and then
immediately bearing away. It concluded that she had not, after finding that
her course changes did not affect P, which was already making a severe
course change that would have been necessary even in the absence of S’s
actions. S’s protest was dismissed, and she appealed.
Decision
S’s appeal is upheld. P is disqualified for breaking rule 10.
Rule 10 required P to ‘keep clear’ of S. ‘Keep clear’ means something
more than ‘avoid contact’; otherwise the rule would contain those or
similar words. Therefore, the fact that the boats did not collide does not
necessarily establish that P kept clear. The definition Keep Clear in
combination with the facts determines whether or not P complied with the
rule. In this case, the key question raised by the definition is whether S
was able to ‘sail her course with no need to take avoiding action’.
The following considerations lead to the conclusions that P failed to keep
clear of S and therefore broke rule 10:
(1) the courses of the boats when the incident began. They were on
collision courses, which meant that at least one of them would have
to change course.
(2) the distance between the boats at the moment both boats changed
their courses. After position 1, if neither boat had changed course,
P’s bow would have struck the leeward side of S after the boats had
sailed approximately two-thirds of a hull length.
(3) the estimated time remaining before contact. When both boats
changed course there was very little time remaining before a
collision would have occurred. For example, at a speed of five knots
one of these boats would travel two-thirds of her length in 1.9
seconds. At six knots it would be 1.5 seconds.
(4) the extent of the course change needed by each boat to avoid a
collision. This increased as the boats came closer. At the time P
changed course, the change required was such that ‘with her tiller
turned as far to port as it would go’ she passed S’s stern ‘within two
feet’ (0.6 m). At the same moment, the course change S would have
needed to avoid P if P did not change course was approximately 90
degrees because S would have had to tack.
(5) the time required by either boat to make the necessary course
change. This factor was itself determined by several others: the
boat’s weight and speed, her underwater hull shape, the size of her
rudder, the sail handling required, and wind and sea conditions.
When the boats reached position 1 in the diagram, P was not keeping clear.
A collision was imminent, and almost unavoidable, as shown by the fact
that with helm hard over P passed less than two feet (0.6 m) from S’s
stern. At that diagram position, S had no assurance that P had heard her
hails, or was preparing to change course, or even that P was aware of the
presence of S. Also, P had sailed beyond the point at which she should
have borne off, either to minimize the time and distance to reach the
windward mark or to sail a course chosen for tactical reasons. For all these
reasons, S was clearly unable to sail her course ‘with no need to take
avoiding action’ and so P broke rule 10. S was fully justified in expecting
a collision and in concluding that only her action would prevent it.
There is no need to address the question of whether or not S broke rule
16.1 or 16.2 because, by the time S changed course, P had already broken
rule 10, and S, acting as required by rule 14, changed course to avoid a
collision. Even if the facts had indicated that S had broken rule 16.1 or
16.2, she would have been exonerated as provided in rule 64.1(a).
See also Case 50.
USA 1996/305
CASE 89
Rule 43.1(a), Competitor Clothing and Equipment
Except on a windsurfer or a kiteboard, a competitor may
not wear or otherwise attach to his person a beverage
container.
Question
Does rule 43.1(a) permit a competitor to wear or otherwise attach to his
person a beverage container while racing?
Answer
No. Except on a windsurfer or a kiteboard, there is no necessity for such a
practice, and therefore its primary purpose must be considered to be to
increase the competitor’s weight. (Note that rules B4 and F4 modify rule
43.1(a) for windsurfing competition and kiteboard racing.)
World Sailing 1997
CASE 90
Rule 28.2, Sailing the Course
When a boat’s string passes a mark on the required side,
she does not break rule 28.2 if her string, when drawn taut,
also passes that mark on the non-required side.
Facts
The first leg of a race on the Panama River was to windward, in a weak
and fluky wind and against a strong current. Boats A and B started
correctly, but the wind died and they drifted backwards. A passed outside
the port end of the line, and B crossed back over the line. Later, the wind
returned but from a new direction, and both boats passed to starboard of
the race committee boat at the starboard end of the line and continued up
the leg.
A protested B for breaking the ‘string rule’ (rule 28.2) but the protest
committee decided that the protest was invalid. However, it sent a request
for interpretation of rule 28.2 to the national authority under rule 70.4.
Question
Did boats A and B comply with rule 28.2?
Answer
Boat A complied with rule 28.2. After starting, she left each starting mark
on its required side. Then she sailed around the entire starting line as
shown. Even so, the string representing her track, when drawn taut, leaves
each starting mark on the required side as it crosses the starting line. Rule
28.2 does not prohibit extra turns around a mark, provided that the string
when drawn taut lies on the required side of each mark. For example, if a
boat touches a rounding mark while leaving it on her starboard side as
required by the sailing instructions, and then makes a clockwise penalty
turn around it, she complies with rule 28.2. Another example, as boat A
illustrates in this case, is when a boat’s string passes the two starting-line
marks on the required side, she does not break rule 28.2 when her string
also passes one of those marks (in this case the race committee boat) on
the non-required side.
Boat B broke rule 28.2. After starting, she left the port-end mark to port
and the starboard-end mark to starboard, as required. However, she later
drifted back across the starting line and then left the starboard-end mark to
port. When the string representing her track is drawn taught it will not pass
through the starting line and therefore will not leave the starboard-end
mark on the required side.
See Case 106 for a discussion of a similar incident at a finishing line.
ARG 1996/3
CASE 91
Definitions, Clear Astern and Clear Ahead; Overlap
Definitions, Keep Clear
Rule 12, On the Same Tack, Not Overlapped
Rule 14, Avoiding Contact
A boat required to keep clear must keep clear of another
boat’s equipment out of its normal position when the
equipment has been out of its normal position long enough
for the equipment to have been seen and avoided.
Facts
Boats A and B were reaching on port tack and approaching a leeward mark
to be left to port. B was clear astern of A. A’s spinnaker had been flying out of control from the top of her mast for the entire leg. Both boats tacked
around the mark. After both had tacked, B sailed a short distance close-
hauled. She then bore away, and her rigging made contact with A’s
spinnaker, which was still flying from the top of A’s mast. The contact did
not result in damage. A protested.
The protest committee disqualified B for breaking rule 12 when her
rigging made contact with A’s spinnaker. B appealed.
Decision
The contact was caused by B bearing away. At the time of contact, A’s
spinnaker was not in its normal position, and B’s bow was astern of A’s
hull and all of her equipment that was in normal position. Therefore, there
was no overlap (see the definition Clear Astern and Clear Ahead;
Overlap), and rule 12 applied. It required B to keep clear of A’s hull,
equipment and crew, including her spinnaker.
B broke rule 12 by failing to keep clear, because by sailing towards A’s
spinnaker she created a need for A to take avoiding action (see the
definition Keep Clear). B’s crew had been able to see A’s spinnaker
streaming from the top of her mast for quite some time before the contact,
so B’s failure to keep clear could not be blamed on the fact that A’s
spinnaker was not in its normal position.
Case 77 addresses an incident that appears to be similar but is significantly
different. There, B passed the mark close astern of A with no knowledge
that A would lose control of her spinnaker. B could not have been
expected to foresee that A’s spinnaker would suddenly trail astern by 20
feet (6 m).
In this case, B also broke rule 14 by causing contact she could have
avoided. However, A did not break that rule because, after it became clear
that B was not keeping clear, it was not reasonably possible for her to
avoid the contact. Even if it had been possible, as a right-of-way boat she
would have been exonerated under rule 14(b).
B was properly disqualified for breaking rule 12. She also broke rule 14.
Her appeal is dismissed.
USA 1987/271
CASE 92
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 16.2, Changing Course
When a right-of-way boat changes course, the keep-clear
boat is required to act only in response to what the right-of-
way boat is doing at the time, not what the right-of-way
boat might do subsequently.
Facts
On a windward leg in winds of 18 knots, S and P approached each other
on opposite tacks. P bore off to avoid S. S also bore off, and P continued
bearing off in order to pass astern of S. S also continued to bear off,
heeling further to leeward as a result. There was contact between the masts
and rigging of the two boats and P’s mast was broken.
The protest committee disqualified S for breaking rule 16 and she
appealed.
Decision
S’s appeal is dismissed. The protest committee’s decision to disqualify her
is upheld, under rules 14, 16.1 and 16.2.
Initially the boats were on collision courses. P bore away to keep clear of S
as required by rule 10. The written facts and the diagram established that P
would have kept clear of S by passing astern of her if S had not changed
her course. However, S bore away, causing P to immediately bear away
still further to be able to continue keeping clear. By changing course as she
did, S broke rule 16.2.
S continued changing course, at an increasing rate of turn. At some time
before the collision, nothing that P could have done in a seamanlike way
would have made it possible for her to keep clear. Therefore, by
continuing to change course S also broke rule 16.1.
In addition, S broke rule 14 and must be penalized under that rule because,
as the right-of-way boat, she failed to avoid contact that caused damage
when it was reasonably possible for her to have done so.
S argued that P could have tacked or gybed, and claimed that this was P’s
obligation. This is a misunderstanding of the obligations of a keep-clear
boat under rule 10 and other right-of-way rules. A keep-clear boat is
required to act only in response to what a right-of-way boat is doing at the
time, not what the right-of-way boat might do subsequently. Until she was
unable to do so, P did as she was required, keeping clear by changing
course in such a way that S, had she not continued to bear away towards P,
would have had ‘no need to take avoiding action’ (see the definition Keep
Clear).
In failing to keep clear, P broke rule 10, but that was a consequence of S’s
breaches of rules 16.1 and 16.2. Therefore P is exonerated under either
rule 21(a) or rule 64.1(a).
USA 1997/75
CASE 93
Definitions, Room
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 18.3, Mark-Room: Tacking in the Zone
Rule 21(a), Exoneration
Rule 64.1(a), Decisions: Penalties and Exoneration
If a boat luffs immediately after she becomes overlapped to
leeward of another boat and there is no seamanlike action
that would enable the other boat to keep clear, the boat that
luffed breaks rules 15 and 16.1. The other boat breaks rule
11, but is exonerated.
Facts
At position 1 W and L were on opposite tacks approaching a windward
mark that they were required to leave to port. After W passed head to wind
within the zone and was on her new close-hauled course, L was directly
astern of her. W’s course was far enough above the layline to allow L to
pass between W and the mark. In position 2, L had borne off from a point
close astern of W and was about to overlap W to leeward. When the
overlap began L immediately luffed and struck W’s port side. The boats
then continued around the mark without further incident. L protested W
but L was disqualified for breaking rule 16.1. She appealed.
Decision
Between positions 1 and 2, while in the zone, W passed head to wind. At
that time, W was fetching the mark, so rule 18.3 began to apply. In her
appeal L argued that W broke rule 18.3. That rule required W to give L
mark-room when L became overlapped inside her. The facts indicate that
W’s course was far enough above the layline to allow L room to sail to the
mark and round it. Therefore, W gave mark-room to L and did not break
rule 18.3.
At position 2 W had right of way over L under rule 12. A short time later,
between positions 2 and 3, the boats became overlapped at which time L
acquired right of way under rule 11, and initially rule 15 required L to give
W room to keep clear. At all times after the boats became overlapped, rule
16.1 applied. L’s luff, which was made immediately after the overlap
began, deprived W of room to keep clear. No seamanlike action was
available to her to do so. L thus broke rules 15 and 16.1.
L is not exonerated under rule 21(a) because, at the time she broke rules 15
and 16.1, she was not sailing within the mark-room to which she was
entitled and which W gave her. That fact made rule 21(a) inapplicable.
When L luffed, W unavoidably broke rule 11, but she is exonerated under
rule 64.1(a) because she was compelled to do so by L’s breaches of rules
15 and 16.1. W could also be exonerated under rule 21(a) because at the
time she broke rule 11 she was sailing within the room to which she was
entitled under rules 15 and 16.1.
L became overlapped from clear astern within two of her hull lengths of
W, and so rule 17 prohibited L from sailing above her proper course. The
protest committee did not find facts as to whether or not L sailed above her
proper course after the overlap began. If she did, she broke rule 17.
However, nothing is to be gained by seeking the facts needed to resolve
this question because L would remain disqualified under rules 15 and 16.1.
The protest committee did not discuss rule 14. W did not break rule 14, as
it was not reasonably possible for her to avoid contact. L, however, did
break rule 14; the fact that she caused the contact showed that it was
possible for her to avoid it. She would have been subject to penalty for this
breach if there had been damage or injury to either boat. No facts were
found about damage or injury, but this issue need not be addressed since L
would remain disqualified under rules 15 and 16.1.
For the above reasons L’s appeal is denied.
USA 1998/76
CASE 94
Deleted
CASE 95
Definitions, Mark-Room
Definitions, Room
Rule 18.1(a), Mark-Room: When Rule 18 Applies
Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 18.3, Mark-Room: Tacking in the Zone
Rule 21(b), Exoneration
Rule 64.1(a), Decisions: Penalties and Exoneration
If two overlapped boats on the same tack are on a beat to
windward and are subject to rule 18.2(b), rule 18 ceases to
apply when either of them turns past head to wind. When a
boat is required to give another boat mark-room, the space
she must give includes space for the other boat to comply
with rule 31. When the boat entitled to mark-room is
compelled to touch the mark while sailing within the mark-
room to which she is entitled, she is exonerated for her
breach of rule 31.
Facts
Approaching the windward mark, Jagga and Freebird were overlapped on
port tack, Freebird being between one and two boat-lengths to leeward.
Freebird tacked and entered the zone on starboard tack. Jagga then tacked
into a position to windward of Freebird. Jagga luffed so that her swinging
stern required Freebird to change course to avoid contact, which she did,
touching the mark as a result. Freebird protested.
The protest committee disqualified Jagga under rule 18.3. Jagga appealed
on the grounds that, because she was an inside overlapped boat when she
entered the zone, she was entitled to room to pass the mark.
Decision
When Jagga reached the zone she was overlapped inside Freebird. From
that time until Freebird turned past head to wind, rule 18.2(b) required
Freebird to give Jagga mark-room. When Freebird turned past head to
wind, the boats were on opposite tacks on a beat to windward, and so rule
18 ceased to apply (see rule 18.1(a)). After Freebird completed her tack,
she had right of way under rule 10, but initially she was subject to rule 15.
She complied with that rule because Jagga had room to keep clear by
crossing ahead of her.
Between positions 2 and 3 Jagga passed head to wind and was then on the
same tack as Freebird. At that time Jagga was fetching the mark and
Freebird had been on starboard tack since entering the zone, so rule 18.3
began to apply. While rule 18.3 applied, rule 18.2 did not. However, a
short time later when Jagga completed her tack, Freebird was overlapped
inside her, and Jagga was required by rule 18.3 to give Freebird mark-
room.
After Jagga crossed ahead of Freebird, Freebird had right of way, first
under rule 10, then under rule 13 and finally under rule 11. Therefore,
Jagga had no protection from rule 15 during that time.
After position 3, rule 11 required Jagga to sail so that Freebird could ‘sail
her course with no need to take avoiding action’ (see the definition Keep
Clear). The fact that, when Jagga luffed, Freebird had to change course to
avoid contact was evidence that Jagga broke rule 11 by not keeping clear.
Also, when Jagga luffed she did not give Freebird space to sail to the
mark and comply with her obligation under rule 31. Therefore, Jagga
broke rule 18.3 (see also the definitions Mark-Room and Room).
The protest committee correctly disqualified Jagga under rule 18.3, but
she also broke rule 11. Freebird broke rule 31 when she touched the mark,
but she is exonerated under either rule 21(b) or rule 64.1(a). Jagga’s
appeal is dismissed.
GBR 2000/4
CASE 96
Rule 30.4, Starting Penalties: Black Flag Rule
When after a general recall a boat learns from seeing her
sail number displayed that she has been disqualified by the
race committee under the second sentence of rule 30.4 and
believes the race committee has made a mistake, her only
option is not to start, and then to seek redress. However, if
the race committee does not display her sail number and
she sails in the restarted race, she should be scored BFD,
and not DNE.
Facts for Question 1
The race committee displayed the black flag as the preparatory signal for
the start of a class. Boat A was identified in the triangle formed by the
ends of the starting line and the first mark during the last minute before her
starting signal. After the starting signal, the race committee signalled a
general recall. The race committee disqualified A without a hearing for
breaking rule 30.4, and displayed her sail number before the next warning
signal for the race.
Question 1
If A believes that the race committee made a mistake when it identified her
in the triangle during the last minute, do the rules permit her to sail in the
race when it is restarted and then request redress?
Answer 1
Rule 30.4 clearly requires A not to sail in the restarted race and states that
her disqualification will become non-excludable if she does. Her only
remedy is to request redress, which, if given in a series, would normally be
based on her results in other races.
Facts for Question 2
The facts are the same as for Question 1 except that the race committee
failed to display A’s sail number before the next warning signal for the
race, and A sailed in the race when it was restarted.
Question 2
Is A entitled to a finishing place?
Answer 2
No. A should be disqualified as required by the second sentence of rule
30.4. However, because the race committee erred by not displaying her
sail number between the general recall and the next warning signal for the
race, she should be scored BFD (Disqualification under rule 30.4), and not
DNE (Disqualification that is not excludable). If she requests redress
claiming that she is entitled to a finishing place because the race
committee erred by not displaying her sail number, her request should be
denied. While not displaying her sail number is an improper omission by
the race committee, it is not the omission that deprived her of her finishing
place, but the fact that she had been on the course side of the starting line
in the minute before her starting signal. However, if she was scored DNE,
redress should be granted to the extent of changing her score to BFD.
GBR 2000/1
CASE 97
Rule 50.3, Setting and Sheeting Sails: Use of Outriggers
A jockey pole attached to a spinnaker guy is not an
outrigger.
Question
Is a jockey pole (a pole that exerts outward pressure on the line that
controls the fore and aft position of a spinnaker pole) an outrigger?
Answer
No. When a spinnaker pole is set, the line that controls the fore and aft
position of that pole is a guy, not a sheet. A jockey pole putting outward
pressure on a guy is therefore not an outrigger, defined by rule 50.3(a) as a ‘fitting or device’ that exerts ‘outward pressure on a sheet or sail’.
GBR 2000/2
CASE 98
Definitions, Rule
Rule 3, Acceptance of the Rules
Rule 63.7, Conflict between Rules
Rule 84, Governing Rules
Rule 87, Changes to Class Rules
Rule 88.2, National Prescriptions: Changes to Prescriptions
Rule J1.1(2), Notice of Race Contents
Rule J1.2(9), Notice of Race Contents
Rule J2.1(1), Sailing Instruction Contents
Rule J2.2(7), Sailing Instruction Contents
The rules listed in the definition Rule apply to races
governed by The Racing Rules of Sailing whether or not
the notice of race or sailing instructions explicitly state that
they apply. A sailing instruction, provided it is consistent
with any prescription to rule 88.2, may change some or all
of the prescriptions of the national authority. Generally,
neither the notice of race nor the sailing instructions may
change a class rule. When a boat races under a
handicapping or rating system, the rules of that system
apply, and some or all of her class rules may apply as well.
When the notice of race conflicts with the sailing
instructions, neither takes precedence.
Facts
The notice of race and the sailing instructions for the Spring Tune-Up
Race stated that The Racing Rules of Sailing would apply, but made no
reference to the prescriptions of the national authority, the sailing
instructions, the class rules, the notice of race or any other document or
rule. Starts were given for a class of boats racing under a handicap system
and for two one-design classes. Buttercup, a J/24, raced in the handicap
class and was protested for breaking a J/24 class rule.
Question 1
Did any of the following apply?
(1) the prescriptions of the national authority
(2) the class rules
(3) the notice of race
(4) the sailing instructions
(5) other documents governing the event
Answer 1
Rules J1.1(2) and J2.1(1) require that both the notice of race and the
sailing instructions inform competitors ‘that the race will be governed by
the rules as defined in The Racing Rules of Sailing.’ If the notice of race or
the sailing instructions includes such a statement, then the prescriptions of
the national authority, the class rules, the notice of race and the sailing
instructions, as well as the six World Sailing Codes, all apply because they
are all defined to be rules (see the definition Rule). Any other documents
that will govern the event must be listed in the notice of race and the
sailing instructions (see rules J1.1(3) and J2.1(2)).
In this case the notice of race and the sailing instructions for the Spring
Tune-Up did not comply with rules J1.1(2) and J2.1(1). They stated only
that ‘The Racing Rules of Sailing would apply.’ Nevertheless, documents
1, 2, 3 and 4 all applied. The reasoning that leads to this conclusion is
presented in the next paragraph.
If a term appears in italics in a racing rule, that term is used in the sense
stated in the Definitions (see Terminology in the Introduction). Rules
3.1(a) and 3.3(a), in which ‘rules’ is in italics, make it clear that, by
participating in the race, each competitor and boat owner agrees to be
governed by the racing rules and by the rules in the documents listed in the
definition Rule. That list includes documents 1, 2, 3 and 4. Rule 84, in
which ‘rules’ again appears in italics, implies that the rules in all those
documents also govern the organizing authority, the race committee, the
technical committee and the protest committee while they are conducting
and judging the race.
Question 2
May a prescription or a rule in the notice of race or the sailing instructions
be changed?
Answer 2
Yes, provided that the procedures stated in the racing rules for making
such a change are followed. (Note that an addition to a rule, or deletion of
all or part of it, is a ‘change’ to the rule. See rule 85.1.) The notice of race
or sailing instructions may change a prescription or state that some or all
of the prescriptions will not apply, provided that the national authority has
not restricted changes to those prescriptions in a prescription to rule 88.2.
In the absence of such a change in the notice of race or sailing instructions,
all the prescriptions apply. Rules 89.2(b) and 90.2(c) cover the procedures
for changing, respectively, the notice of race and the sailing instructions.
Question 3
May a class rule be changed?
Answer 3
No, unless the class rules themselves permit the change, or unless written
permission of the class association for the change has been obtained and is
displayed on the official notice board (see rule 87).
Rule J2.2(7) requires the sailing instructions to inform competitors of any
changes made to the class rules under rule 87. Rule J1.2(9) requires that
such a change in a class rule also be included in the notice of race when
that information would help competitors decide whether to attend the
event or would provide information that they will need before the sailing
instructions become available.
Question 4
Buttercup, a J/24, raced in the handicap class. Did the J/24 Class Rules or
the handicap system rules apply to her?
Answer 4
The rules of the handicap system applied to Buttercup (see paragraph (d)
in the definition Rule). If her handicap was explicitly based on the
assumption that she race in compliance with some, or all, of the J/24 class
rules, then those J/24 class rules, or all the J/24 class rules, applied to her.
However, if Buttercup’s handicap was not based on such an assumption,
then none of the J/24 class rules applied to her.
Question 5
If a rule in the notice of race conflicts with a rule in the sailing
instructions, which takes precedence? Can the conflict be resolved?
Answer 5
Neither takes precedence. Rule 63.7 governs a protest or request for
redress arising from such a conflict. It requires the protest committee to
apply the rule that it believes will provide the fairest result for all boats
affected. If such a conflict arises outside of a hearing of a protest or
request for redress, the conflict can be removed by changing either the
notice of race (as permitted by rule 89.2(b)) or the sailing instructions (as
permitted by rule 90.2(c)).
USA 2000/80
CASE 99
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 44.1, Penalties at the Time of an Incident: Taking a Penalty
Rule 64.1(b), Decisions: Penalties and Exoneration
The fact that a boat required to keep clear is out of control
does not entitle her to exoneration for breaking a rule of
Part 2. When a right-of-way boat becomes obliged by rule
14 to ‘avoid contact . . . if reasonably possible’ and the
only way to do so is to crash-gybe, she does not break the
rule if she does not crash-gybe. When a boat’s penalty
under rule 44.1(b) is to retire, and she does so (whether
because of choice or necessity), she cannot then be
disqualified.
Facts
Farr 30s were racing in difficult conditions. Boat S was running at 10-14
knots. Before boat P reached position 1 she had broached and was out of
control. P struck S amidships resulting in serious damage. Both boats
retired. S protested P.
The protest committee found that S had made minor changes of course
when the boats were well apart; that these were thwarted by the erratic
motion of P, still out of control; and that when it became apparent that P
was not going to keep clear the only action available to S was to crash-
gybe, which risked considerable damage to S.
The protest committee disqualified both boats, P for breaking rule 10 and
S for breaking rule 14, stating that S should have been aware of the
difficulties experienced by P and should have taken more significant
action earlier. It referred its decision to the national authority for
confirmation or correction.
Decision
The decisions of the protest committee are reversed. Both boats are to be
scored RET.
Clearly, P broke rules 10 and 14. No rule justifies exonerating her, even
though she was out of control. In breaking rules 10 and 14, P caused
serious damage. Rules 10 and 14 are rules of Part 2, and rule 44.1 permits
a boat that breaks one or more rules of Part 2 to take a penalty. Because P
caused serious damage, the applicable penalty for her was to retire (see
rule 44.1(b)). P did retire (whether because of choice or necessity does not
matter) and was, therefore, exempt from disqualification (see rule 64.1(b)).
Her disqualification is reversed, and she is to be scored RET.
Turning to S, rule 14 makes special provisions in the case of a right-of-
way boat. First, for her to be penalized, there must be contact that caused
damage or injury. This is not in doubt. Second, she was not required to act
to avoid contact until it was clear that P was not keeping clear. It was only
at that time that rule 14 required her to avoid contact if reasonably
possible. The protest committee found that, when it became clear to S that
P was not going to keep clear, the only action available to S was to crash-
gybe, which risked considerable damage to S. That finding was equivalent
to a finding that it was not reasonably possible for S to avoid contact.
Therefore, S did not break rule 14. Her disqualification is reversed, and
she too is to be scored RET.
Finally, the protest committee should note that, in light of the changed
decision, rule 60.3(b) entitles it to call a hearing to consider giving S
redress under rule 62.1(b).
GBR 2001/7
CASE 100
Rule 41, Outside Help
When a boat asks for and receives tactical racing advice
she receives outside help, even if she asks for and receives
it on a public radio channel.
Facts
Three large boats were to round a mark near coastal rocks and then sail
into a 6-knot current. The wind was light. Boat A radioed to boat B, whose
skipper was more familiar with the area, asking whether it was safe to
anchor in the vicinity of the mark. B replied that it was not safe to anchor.
Boat C protested both boats under rule 41, for discussing what tactics were
to be used for rounding the mark and sailing the next leg.
The protest committee dismissed the protest against B and disqualified A
for receiving outside help. It noted that she could have sailed or motored
away from the mark in perfect safety at any time, and that the only reasons
for anchoring at the mark were to overcome the adverse current and to win
the race.
A appealed, on the grounds that she did not believe she had received help,
that she believed that advice given on a public radio channel was not
outside help, and that a national authority should not condone
disqualification for receiving safety information.
Decision
A’s appeal is dismissed. A asked for help for tactical racing reasons and
received it. It is irrelevant that A’s question and the information she
received in response were broadcast on a public radio channel. The help A
received did not come within the scope of the exceptions to rule 41,
especially not rule 41(d) since she asked for the information. Therefore A
broke rule 41.
GBR 2001/4
CASE 101
Rule 20.2(c), Room to Tack at an Obstruction: Responding
When a boat with right of way is required to give another
boat room for a manoeuvre, right of way does not transfer
to the boat entitled to room. When, in reply to her call for
room to tack when approaching an obstruction, a boat is
hailed ‘You tack’, and when she does so and is then able to
tack again to keep clear in a seamanlike way, the other
boat has given the room required.
Facts
A and B were International Dragons. A was approaching the shore close-
hauled on starboard tack, clear ahead and on a track to leeward of B. A
hailed for room to tack, and B replied ‘You tack’. A tacked and B held her
course. A was then on a collision course with B and tacked again. Both of
A’s tacks were made in a normal, seamanlike way. After A’s second tack
she was overlapped to leeward of B. Shortly afterwards B tacked and A
did likewise. A protested B for not giving room as required by rule
20.2(c).
The protest committee concluded that B failed to give A ‘room to tack and
avoid her’, and disqualified B, stating that she had ‘failed to keep clear of
A after her tack.’ B appealed.
Decision
B’s appeal is upheld, and she is to be reinstated. A’s actions show that she
had room to tack and avoid B. B therefore met her obligation under rule
20.2(c).
It is important to distinguish a requirement to keep clear from a
requirement to give room. When a boat with right of way is required to
give another boat room for a manoeuvre, right of way does not transfer to
the boat entitled to room. After A tacked onto port tack, B was not
required to keep clear of A; instead, it was A that was required by rule 10
to keep clear of B. B was only required by rule 20.2(c) to give A room to
tack and avoid B, and B did so.
GBR 2001/11
CASE 102
Rule 62.2, Redress
When a boat requests redress because of an incident she
claims affected her score in a race, and thus in a series, the
time limit for making the request is the time limit for the race, rather than a time limit based on the posting of the
series results.
Facts
Scruples requested redress at the end of an eight-race series because of an
incident that occurred in Race 5 of the series, which was sailed three
weeks earlier. The protest committee found her request to be invalid
because it was made after the time limit. She appealed, stating that it was
not until the end of the series and the posting of the results that she knew
that her score in Race 5 had affected her series score and that the time for
her to make her request did not begin until after the series was completed
and the results posted.
Decision
Scruples’s appeal is dismissed. Her request for redress was not valid
because it was not delivered to the race office within the protest time limit
that applied to Race 5 (see rule 62.2). The incident affected her score in
the series only through its effect on her score in Race 5 and, therefore, the
relevant time limit for requesting redress was the time limit that applied to
that race.
GBR 2001/9
CASE 103
Definitions, Room
The phrase ‘seamanlike way’ in the definition Room refers
to boat-handling that can reasonably be expected from a
competent, but not expert, crew of the appropriate number
for the boat.
Facts
Two 30-foot (9 m) boats on port tack, OL and IW, are at an obstruction, an
anchored boat. OL has chosen to pass to leeward of the obstruction. The
boats are overlapped with IW on the inside. Although boats of this class
are normally sailed by a crew of six, IW is sailing with a crew of three,
and they are relatively inexperienced.
Question 1
Should the experience and number of crew members sailing IW be
considered in determining how much ‘room’ she is entitled to under rule
19.2(b) between OL and the obstruction?
Answer 1
Neither the experience of IW’s crew nor their number is relevant in
determining ‘room’. In rule 19.2(b), which requires OL to give IW ‘room’
between her and the obstruction, ‘room’ is a defined term. The definition
Room is ‘the space a boat needs in the existing conditions . . . while
manoeuvring promptly in a seamanlike way.’ In determining whether or
not OL has given the required space, the interpretation of ‘seamanlike
way’ must be based on the boat-handling that can reasonably be expected
from a competent, but not expert, crew of the appropriate number for the
boat. (Case 21 discusses other aspects of the definition Room.)
Question 2
Is the answer the same with respect to ‘room’ as used in the definition
Mark-Room and in other rules in Part 2?
Answer 2
Yes.
USA 1999/77
CASE 104
Rule 63.6, Hearings: Taking Evidence and Finding Facts
Rule 70.1, Appeals and Requests to a National Authority
Rule R5, Inadequate Facts; Reopening
Attempting to distinguish between facts and conclusions in
a protest committee's findings is sometimes unsatisfactory
because findings may be based partially on fact and
partially on a conclusion. A national authority can change
a protest committee’s decision and any other findings that
involve reasoning or judgment, but not its findings of fact.
A national authority may derive additional facts by logical
deduction. Neither written facts nor diagrammed facts take
precedence over the other. Protest committees must resolve
conflicts between facts when so required by a national
authority.
Question 1
What criteria determine whether a finding in a protest committee’s
decision is subject to change on appeal? Are the criteria based on whether
the finding is a ‘fact’ or a ‘conclusion’, whether it incorporates an
interpretation of a rule, or something else?
Answer 1
The distinction between ‘fact’ and ‘conclusion’ does not provide a
satisfactory criterion because the two concepts can overlap. In the context
of rule 63.6 and other rules using the term, a ‘fact’ is an action or condition
that a protest committee ‘finds’ occurred or existed. A ‘conclusion’ is
derived by reasoning from something else, and can be purely factual. For
example, if the facts are that there were three classes in a race and five
boats in each class, it is both a conclusion and a fact that there were 15
boats in the race. A conclusion can also be partially non-factual, as when a
judgment is made that includes non-factual elements. An example is the
statement, ‘Boat A displayed her flag at the first reasonable opportunity
after the incident,’ which is based on a combination of the facts about an
incident and an interpretation of the phrase ‘first reasonable opportunity’
in rule 61.1(a).
A finding that is an interpretation of a rule is clearly subject to change by a
national authority, but other findings that involve reasoning or judgment
are equally subject to change. For example, a protest committee might
state, ‘The wind velocity of 15 knots was too high for the boats to be able
to race in safety.’ This statement is an opinion or judgment but not an
interpretation of the rules.
The criterion for determining whether a protest committee’s finding is
subject to change on appeal is therefore only that the finding is not
exclusively factual in nature. Rule 70.1 permits the appeal of a protest
committee’s ‘decision or its procedures, but not the facts found.’ However,
it does not prohibit the appeal of other findings or judgments made by the
protest committee. Similarly, rule R5 requires a national authority to
accept a protest committee’s findings of fact, but does not require the
acceptance of other findings. The effect of both rules is that a national
authority can change any finding by a protest committee except a finding
of fact.
Question 2
May a national authority derive additional facts by drawing conclusions
from the protest committee’s written facts or its diagram?
Answer 2
Yes. The national authority may apply logic to derive additional facts from
either source.
Question 3
What is the status of a diagram prepared or endorsed by a protest
committee as required by rule R2.2(b)?
Answer 3
Both the diagram and the written facts are facts found by the protest
committee. Neither takes precedence over the other.
Question 4
When facts conflict with each other, such as a conflict between the
diagram and the written facts, is a national authority required to accept all
of them? How are conflicts to be resolved?
Answer 4
The national authority cannot logically accept conflicting facts. Rule R5
gives a national authority the authority to require the protest committee to
provide revised or additional facts that resolve the conflict.
USA 2003/85
CASE 105
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
When two boats are running on opposite tacks, the
starboard-tack boat may change course provided she gives
the port-tack boat room to keep clear.
Facts
After sailing alongside P for some time on port tack, S gybes to starboard
tack without breaking rule 15. Both boats continue to sail parallel courses.
About two minutes after her gybe S begins to luff. P does not respond to
the luff and the boats touch at position 3. There is no damage or injury.
Questions
At the time of the contact, does rule 15 still apply? Does S break rule 16?
Answers
S as the starboard-tack boat has right of way under rule 10, and P as the
port-tack boat must keep clear. Rule 15 applies only briefly after S
becomes the right-of-way boat, but rule 16.1 continues to limit how S may
change course. S may luff provided that she does so in a way that gives P
room to keep clear, and P must be prepared to react promptly, if necessary
by gybing, to continue to keep clear. Rule 16.2 does not apply because,
although the boats are on opposite tacks, P is not sailing to pass astern of
S. Since P has room to keep clear of S by responding promptly when S
luffs, S does not break rule 16.1. P does not keep clear and does not avoid
contact with S. P therefore is to be penalized for breaking rules 10 and 14.
S also breaks rule 14 because, after it became clear that P was not keeping
clear, S could have avoided the contact. However, because there was no
damage or injury she is exonerated (see rule 14(b)).
DEN 2005
CASE 106
Rule 28.2, Sailing the Course
When the string representing a boat’s track lies on the
required sides of finishing marks or gate marks, it is not
relevant that, when drawn taut, it also passes one of those
marks on the non-required side.
Facts
As boats approach a downwind finishing line, a tidal current takes one of
them outside one of the finishing marks. She sails beyond the entire
finishing line, rounds the other finishing mark, and then crosses the
finishing line from its course side.
Question
Has the boat complied with rule 28.2?
Answer
Yes. When the course requires boats to pass between two marks at a
finishing line or at a gate, a boat complies with rule 28.2 if the string
representing her track when drawn taut passes between the marks from the
direction of the previous mark. She complies with rule 28.2 even if the
string also passes one mark of the finishing line or gate on the non-
required side. In this case the boat passed the buoy serving as a mark of
the finishing line on the non-required side before passing it on the required
side.
See Case 90 for a discussion of a similar incident at a starting line.
GBR 2004/4
CASE 107
Rule 14, Avoiding Contact
Rule 44.1, Penalties at the Time of an Incident: Taking a Penalty
Rule 64.1(b), Decisions: Penalties and Exoneration
During the starting sequence, a boat that is not keeping a
lookout may thereby fail to do everything reasonably
possible to avoid contact. Hailing is one way that a boat
may ‘act to avoid contact’. When a boat’s breach of a rule
of Part 2 causes serious damage and she then retires, she
has taken the applicable penalty and is not to be
disqualified for that breach.
Facts
Between the preparatory and starting signals, Ephesian on starboard tack
and Jupa on port tack approached each other head-to-head. Both boats
were heavy keelboats, 33 feet (10 m) long. Neither boat was aware of the other. The bowmen on both boats, who normally would have been
stationed by the forestay, were handling their genoas, and no other crew
members were keeping a lookout. Ephesian was moving slowly with
limited manoeuvrability. They collided, causing serious damage to Jupa,
who therefore retired. In the resulting protest, Jupa was disqualified under
rule 10, and Ephesian was disqualified under rule 14. Ephesian appealed,
claiming that she could not have avoided Jupa by changing course or
speed.
Decision
Rule 14 begins ‘A boat shall avoid contact with another boat if reasonably
possible.’ This requirement means a boat must do everything that can
reasonably be expected of her in the prevailing conditions to avoid contact.
This includes keeping a good lookout while sailing in the starting area
during the starting sequence, a time when boats are often close to one
another and frequently change course.
The protest committee concluded that if either boat had seen the other a
collision could have been avoided, even at the last minute, particularly if
Ephesian had hailed Jupa when it was clear that Jupa was not changing
course to keep clear. Until that moment, rule 14(a) allows a right-of-way
boat to delay acting to avoid contact. It follows that at that moment she
must begin to act in an effort to avoid contact. The word ‘act’ is not
restricted to changing course or speed. Hailing was an action that Ephesian
could and should have taken. Ephesian broke rule 14. Because the
collision resulted in damage, the protest committee’s decision to disqualify
Ephesian was correct (see rules 14(b) and 64.1). Her appeal is therefore
dismissed.
Clearly, Jupa broke rule 10. As a result of the serious damage she suffered
in the collision, she retired from the race and thus took the applicable
penalty (see rule 44.1(b)). Rule 64.1(b) prohibits penalizing her further.
The disqualification of Jupa is reversed and she is to be scored RET.
GBR 2004/6
CASE 108
Rule 28.2, Sailing the Course
Rule 44.1(b), Penalties at the Time of an Incident: Taking a Penalty
Rule 44.2, Penalties at the Time of an Incident: One-Turn and Two-
Turns Penalties
When taking a penalty after touching a mark, a boat need
not complete a full 360° turn, and she may take her penalty
while simultaneously rounding the mark. Her turn to round
the mark will serve as her penalty if it includes a tack and a
gybe, if it is carried out promptly after she is no longer
touching the mark and is well clear of other boats, and
when no question of advantage arises.
Facts
In each of the four illustrated situations, a boat touches a rounding mark
that she is required to leave to port and then makes a turn that includes one
tack and one gybe.
Question
In each situation, does the boat take a One-Turn Penalty that complies with
rule 44 and with rule 28.2?
Answer
When a boat breaks rule 31, her penalty is usually a One-Turn Penalty.
However, if, by touching the mark, she causes injury or serious damage or
gains a significant advantage in the race or series, her penalty is to retire
(see rule 44.1(b)).
In each illustrated situation she takes a One-Turn Penalty that complies
with rule 44.2, provided that
(a) as soon as possible, and before beginning her penalty turn, she sails
well clear of any other boats;
(b) when she begins her penalty turn she is no longer touching the
mark; and
(c) she makes her penalty turn promptly after she is clear of other boats.
Rule 44.2 does not require a boat that takes a One-Turn Penalty to
complete a full 360° turn, or a turn of any particular number of degrees,
and it does not prohibit taking the penalty while making another
manoeuvre, such as rounding the mark.
All four illustrated turns comply with rule 28.2. Provided that the string
representing the boat’s track when drawn taut lies on the mark’s required
side, the boat would comply with rule 28.2 even if (as not illustrated) a
penalty turn resulted in the boat making an extra 360° turn around the
mark.
GBR 2005/4
CASE 109
Part 2 Preamble
Rule 48, Fog Signals and Lights; Traffic Separation Schemes
International Regulations for Preventing Collisions at Sea
The IRPCAS or government right-of-way rules apply
between boats that are racing only if the sailing
instructions say so, and in that case all of the Part 2 rules
are replaced. An IRPCAS or government rule may be made
to apply by including it in the sailing instructions or in
another document governing the event.
Question 1
What are the ‘government rules’ to which the preamble to Part 2 and rule
48.1 refer? How do those rules differ from the International Regulations
for Preventing Collisions at Sea (IRPCAS)?
Answer 1
The IRPCAS apply only ‘upon the high seas and in all waters connected
therewith navigable by seagoing vessels’ (IRPCAS Rule 1(a)). On a
country’s harbours, rivers, lakes and other inland waters, governments and
other government authorities may establish other rules. Those other rules
are the ‘government rules’ to which the Part 2 preamble and rule 48.1
refer. Such rules, which may apply nationally on all inland waters or only
on specific inland waters, may restate, replace, change or add to the
IRPCAS (IRPCAS Rules 1(b) and 1(c)).
Question 2
When the notice of race, sailing instructions and other documents that
govern an event do not mention the IRPCAS or government rules, do any
rules of the IRPCAS or government rules apply to a boat racing under The
Racing Rules of Sailing?
Answer 2
Yes. When a boat sailing under the Part 2 rules meets a vessel that is not,
the IRPCAS or government right-of-way rules apply between them (Part 2
preamble). In addition, a boat racing shall comply with rule 10, Traffic
Separation Schemes, of the IRPCAS (rule 48.2). Finally, when safety
requires, a boat racing shall sound fog signals and show lights as required
by the IRPCAS or applicable government rules (rule 48.1).
Question 3
May the notice of race, sailing instructions or another document that
governs the event make the IRPCAS or government right-of-way rules or
other rules of the IRPCAS or government rules applicable?
Answer 3
Yes, in three ways:
(1) The sailing instructions may state that the right-of-way rules of the
IRPCAS or government rules replace all of the rules of Part 2 (Part 2
preamble and rule J2.2(2)). This is often done for oceanic races and
also for racing at night.
(2) The sailing instructions may state that a particular rule from the
IRPCAS or government rules (other than a right-of-way rule) will
apply to the event and include the text of that rule (rule J2.2(40)).
(3) The definition Rule includes ‘(g) any other documents that govern
the event.’ Such a document may include the text of a particular rule
or rules from the IRPCAS or government rules (other than a right-
of-way rule) that will apply to the event. To govern an event, a
document must be listed in the notice of race (rule J1.1(3)), stating
where or how it may be seen, and in the sailing instructions (rule
J2.1(2)).
A boat that breaks a rule of the IRPCAS or a government rule can always
be prosecuted by an authority responsible for its enforcement, but a protest
may be made under such a rule only when the rule concerned ‘governs the
event’.
Question 4
If the sailing instructions state that the right-of-way rules of the IRPCAS
replace the rules of Part 2, which rules of Part 2 are replaced by which
rules of the IRPCAS?
Answer 4
All the rules of Part 2 are replaced. Part B of the IRPCAS contains the
IRPCAS ‘Steering and Sailing Rules’, which are, in effect, ‘right-of-way
rules’. However, Part B of the IRPCAS must be read in conjunction with
the whole of the IRPCAS, particularly Part A. For example, many terms
used in Part B are defined in Part A.
Question 5
Is it possible to provide for a wider or narrower range of replacements of
right-of-way rules that apply between competing boats?
Answer 5
A sailing instruction may only replace all the rules of Part 2 with all the
right-of-way rules of the IRPCAS or government rules. Rule 86.1(b) does
not permit the sailing instructions to change Part 2, which includes its
preamble. Therefore, a wider or narrower range of replacements of right-
of-way rules that apply between competing boats is not permitted.
GBR 2005/1
CASE 110
Rule 62.1(b), Redress
A boat physically damaged from contact with a boat that
was breaking a rule of Part 2 is eligible for redress only if
the damage itself significantly worsened her score or place.
Contact is not necessary for one boat to cause injury or
physical damage to another. A worsening of a boat’s score
or place caused by an avoiding manoeuvre is not, by itself,
grounds for redress. ‘Injury’ refers to bodily injury to a
person and, in rule 62.1(b), ‘damage’ is limited to physical
damage to a boat or her equipment.
Facts
Boat B is required to keep clear of boat A. However, B collides with A,
turning A 180 degrees before she is able to continue sailing to the next
mark. A loses five finishing places because of the incident. She protests B
and requests redress under rule 62.1(b). During the hearing, it is
established that there was physical damage to A but that the damage itself
did not affect her ability to proceed in the race at normal speed. A’s protest
is upheld and B is disqualified.
Question 1
Is A entitled to redress?
Answer 1
No. Under rule 62.1(b), the damage itself must be the reason a boat’s score
or place is made significantly worse. In this case the damage had no effect
on A’s score.
Question 2
Must contact between the boats occur in order for redress to be granted
under rule 62.1(b)?
Answer 2
No. A boat that suffers injury to a member of her crew or physical damage
while acting to avoid contact with a boat that has broken a rule of Part 2
may be entitled to redress if the injury or damage is found to have made
her score or place significantly worse and was not her fault. See also Case
135.
Question 3
If there had been no collision because A had been able to avoid B by
changing course 180 degrees, but A lost five places as a result, would she
have suffered ‘injury’ or ‘damage’ as those terms are used in rule 62.1(b)?
Answer 3
No. ‘Injury’ in the racing rules refers only to bodily injury to a person, and
‘damage’ is limited to physical damage to a boat or her equipment.
USA 1996/73 and 2007/98
CASE 111
Rule 30.2, Starting Penalties: Z Flag Rule
Rule 30.4, Starting Penalties: Black Flag Rule
If a boat breaks rule 30.2 or rule 30.4 during a starting
sequence that results in a general recall, the race
committee is required to penalize her even if the race had
been postponed before that starting sequence or if, during a
later starting sequence, a postponement was signalled
before the starting signal.
Facts for Question 1
The fourth race of a series was scheduled to start at 10:00 a.m., but it was
postponed for thirty minutes while the race committee waited for the wind
to fill in. At the preparatory signal, the race committee displayed flag Z. Boat A was identified in the triangle formed by the ends of the starting line
and the first mark during the last minute before her starting signal. After
the starting signal the race committee signalled a general recall. The race
committee then began a second starting sequence for that race and again
displayed flag Z as the preparatory flag. After removing the preparatory
flag, but before the starting signal, the race committee signalled a
postponement. Later, the race committee began a third sequence of signals
and was successful in starting the fourth race, and the race was completed.
A was given a 20% Scoring Penalty, and she requested redress on the
grounds that the race had been postponed – indeed, postponed twice –
before its starting signal and, therefore, under rule 30.2’s third sentence,
she should not have received the penalty.
Question 1
When the race committee imposed a 20% Scoring Penalty on boat A, did it
act properly under rule 30.2?
Answer 1
Yes. The first three sentences of rule 30.2 refer to a single starting
sequence. The starting sequence in which A was identified in the triangle
formed by the ends of the starting line and the first mark during the last
minute before her starting signal was not postponed or abandoned before
its starting signal. Therefore, the race committee acted properly under rule
30.2 when it imposed a 20% Scoring Penalty on A. That action was not an
improper action, and A was not entitled to redress.
During the second starting sequence, if a boat had been identified in the
triangle between the time that the preparatory flag was removed and the
time that the postponement signal was made, then it would have been an
improper action under rule 30.2 to give that boat a 20% Scoring Penalty.
Facts for Question 2
The facts are the same as those in Question 1 except that the black flag
was used as the preparatory flag for the first and second attempted starts.
Before the warning signal for the second attempted start the race
committee displayed A’s sail number. A sailed in the starting area during
the second starting sequence and sailed in the race after the third starting
sequence. A was scored DNE for that race without a hearing.
Question 2
When the race committee scored A DNE without a hearing, did it act
properly under rule 30.4?
Answer 2
Yes. The reasoning in Answer 1 also applies here. The race committee
acted properly when it scored A DNE without a hearing, and A was not
entitled to redress.
During the second starting sequence, if a boat had been identified in the
triangle between the time that the preparatory flag was removed and the
time that the postponement signal was made, then it would have been an
improper action under rule 30.4 to disqualify that boat without a hearing.
World Sailing 2009
CASE 112
Definitions, Finish
Rule 28.2, Sailing the Course
Rule 61.1(a)(3), Protest Requirements: Informing the Protestee
A boat that makes, and does not correct, an error in sailing
the course does not break rule 28 until she finishes. If a
boat makes such an error, a second boat may notify the
first that she intends to protest before the first boat finishes,
or at the first reasonable opportunity after the first boat
finishes.
Facts
Boat A leaves the first mark of the course on the wrong side. Then,
without correcting her error, she sails the remainder of the course correctly
and crosses the finishing line from the course side and then returns to the
harbour. Another boat, B, sees A leave the first mark on the wrong side
and decides to protest her.
Question 1
Does A finish when she crosses the finishing line?
Answer 1
A finishes provided that she crosses the finishing line in accordance with
the definition Finish, whether or not a string representing her track
complies with rule 28.2. Because A did not continue to sail the course after
crossing the finishing line, she finished in accordance with the definition at
the time she crossed the line (see definition Finish (c)).
Question 2
When does A break rule 28.2?
Answer 2
A makes an error when she leaves the first mark on the wrong side.
However, rule 28.2 allows her to correct her error at any time before she
finishes, but not thereafter. Therefore, A does not break rule 28.2 until she
finishes.
Question 3
When must B inform A of her intention to protest?
Answer 3
Rule 61.1(a)(3) states that B need not hail ‘Protest’ or display a red flag,
but she must inform A of her intention to protest before A finishes or at the
first reasonable opportunity after A finishes.
GBR 2003/4
CASE 113
Rule 20, Room to Tack at an Obstruction
An explanation of the application of rule 20 when three
boats sailing close-hauled on the same tack are
approaching an obstruction and the leeward-most boat
hails for room to tack, but cannot tack unless both boats to
windward of her tack.
Facts
L, M and W are sailing close-hauled on starboard tack. They are
approaching an obstruction they cannot safely avoid without making a
substantial course change. The obstruction is not a mark. When the boats
are in the positions shown in the diagram, L hails ‘Room to tack’ loudly enough to be heard by both M and W. When L hails, it is clear that M and
W must both tack in order to give room to L, and M does not have room to
tack and avoid W.
Question 1
Does rule 20.2(c) require W to respond to L’s hail?
Answer 1
Yes. When a boat that is not adjacent to the hailing boat has heard the hail,
and will have to respond before the hailing boat is able to tack, she is a
‘hailed boat’ in the context of rule 20.2 and she shall respond accordingly.
Question 2
Is M required to hail W for room to tack immediately after L’s hail?
Answer 2
Yes, if W is not already responding to L’s hail. Because replying ‘You
tack’ is not an option for M in this case, M is required by rule 20.2(c) to
respond to L’s hail by tacking as soon as possible. Therefore, if M cannot
tack because of the presence of W, she must immediately hail W for room
to tack, and rule 20.3 permits her to do so even if, in the absence of L, M
would not yet need to hail for room to tack. If she fails to hail for room,
and as a result is unable to tack as soon as possible, she breaks rule
20.2(c).
World Sailing 2009
CASE 114
Definitions, Mark-Room
Definitions, Room
Rule 16.1, Changing Course
Rule 18.2, Mark-Room: Giving Mark-Room
When a boat is entitled to room, the space she is entitled to
includes space for her to comply with her obligations under
the rules of Part 2 and rule 31.
Facts for Question 1
A, B and C are overlapped and on the same tack when the first of them
reaches the zone of a mark. A is on the outside, C is on the inside and B is
between them.
Question 1
Does rule 18.2 require A to give enough space to B to enable B to give
mark-room to C?
Answer 1
Yes. The definition Mark-Room uses the defined term ‘room’, and room
includes the space a boat needs to comply with her obligations under the
rules of Part 2 and rule 31. The space that A is required to give to B
includes the space B needs to comply with her obligations under the rules
of Part 2. Therefore, rule 18.2 requires A to give B sufficient space for B
to give C mark-room.
Facts for Question 2
L, M and W are overlapped and on the same tack with L to leeward, W to
windward and M between them. L has no proper course restriction and she
luffs. Both M and W luff in response to L’s luff.
Question 2
Does rule 16.1 require L to give enough space to M to enable M to give
room to W to keep clear?
Answer 2
Yes. When M changes course to keep clear of L, rule 16.1 requires M to
give W room to keep clear. The space that L is required to give to M
includes the space M needs to comply with her obligations under the rules
of Part 2. Therefore, rule 16.1 requires L to give M sufficient space for M
to give W room to keep clear.
Facts for Question 3
The mark at the starboard end of the starting line is surrounded by
navigable water. When approaching the starting line to start, L and W are
overlapped on starboard tack. L is sailing a course that will pass
sufficiently far from the mark that there is space for W to sail between L
and the mark. W sails into the space that L freely gives. After W is
alongside the mark L luffs, and by luffing promptly in response W keeps
clear of L. However, in order to keep clear of L, W is compelled to touch
the mark.
Question 3
Does L comply with rule 16.1?
Answer 3
No. W is required to keep clear under rule 11 and, as stated in the
preamble to Section C, she is not entitled to room under rule 19 or mark-
room under rule 18. However, when L changes course W is entitled to
room to keep clear of L under rule 16.1, including the space W needs to
comply with rule 31. L’s change of course compels W to touch the mark.
L breaks rule 16.1 and, under either rule 21(b) or rule 64.1(a), W is
exonerated for her breach of rule 31.
Facts for Question 4
The same as the facts for Question 3 except that rule 31 has been deleted
by the rules of Appendix B or F or by the sailing instructions, and the
mark is a committee boat or other substantial object.
Question 4
Does L comply with rule 16.1?
Answer 4
No. A boat entitled to room under rule 16.1 is entitled to the space she
needs to manoeuvre in a seamanlike way to keep clear. Touching such a
mark risks damaging either the boat racing or the committee boat, and
taking such a risk is not seamanlike.
World Sailing 2010/revised by World Sailing 2013.
CASE 115
Rule 66, Reopening a Hearing
Interpretation of the word ‘new’ as used in rule 66.
Question
What criteria should the protest committee use to decide whether or not
evidence is ‘new’?
Answer
Evidence is ‘new’
• if it was not reasonably possible for the party asking for the
reopening to have discovered the evidence before the original
hearing,
• if the protest committee is satisfied that before the original hearing
the evidence was diligently but unsuccessfully sought by the party
asking for the reopening, or
• if the protest committee learns from any source that the evidence
was not available to the parties at the time of the original hearing.
World Sailing 2011
CASE 116
Rule 62.1(b), Redress
Rule 64.2, Decisions: Decisions on Redress
Rule A10, Guidance on Redress
A discussion of redress in a situation in which a boat is
damaged early in a series, is entitled to redress under rule
62.1(b), and is prevented by the damage from sailing the
remaining races. In such a situation it is not fair to the
other boats in the series to award her average points for
half or more of the races that comprise her series score.
Facts
A regatta is held over two days, with five races scheduled. Under the
scoring system if five races are completed, each boat’s series score is the
total of her race scores excluding her worst score. On the first day, only
Race 1 is completed and boat A finishes in second place. On the second
day, A finishes fifth in Race 2. Before the start of Race 3, A collides with
boat B and the damage is so extensive that A is unable to compete in the
remaining races of the series. She protests B and requests redress under
rule 62.1(b). The protest committee finds that A is entitled to redress, and
acting under rule A10(b) it awards her for Races 3 and 4 the average of her
points in Races 1 and 2. A is scored DNC in Race 5, but discards that
score. A’s series score is the lowest and so she wins the regatta, despite
having competed in only two of the five races.
Question 1
Was the redress granted to A appropriate?
Answer 1
No. Although the protest committee did not break any rule, its decision in
awarding the redress was not the fairest arrangement for all boats affected
(see rule 64.2). In this case, awarding a boat her average scores for half of
the races that counted towards her series score is not fair to the other boats.
Question 2
What would have been a fair award of redress to A?
Answer 2
The protest committee should ensure that, after excluding her worst score,
more than half of a boat’s race scores are based on her finishing positions
in races that she starts. Different situations may require different redress
arrangements. One possibility in this particular case is that the protest
committee could have awarded A redress only for the race in which the
collision took place.
World Sailing 2011
CASE 117
Definitions, Obstruction
Rule 15, Acquiring Right of Way
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
When three boats are on the same tack and two of them are
overlapped and overtaking the third from clear astern, if
the leeward boat astern becomes overlapped with the boat
ahead, the boat ahead is no longer an obstruction, and rule
19.2(b) does not apply. There are no situations in which a
row of boats sailing close to one another is a continuing
obstruction.
Facts
Approximately 15 seconds before the starting signal. Boats A, B, C, D, E,
F and G are holding their positions on starboard tack a short distance
below the starting line. Boats L and W are approaching the line of boats
from astern. There is insufficient space for both L and W to pass through
any of the gaps between adjacent boats ahead of them.
Question 1
If L becomes overlapped to leeward of D while W is clear astern of D, is L
required to give W room to pass to leeward of D?
Answer 1
No. When L becomes overlapped to leeward of D, she obtains right of way
over D, and therefore D is no longer an obstruction to L and W. For that
reason, rule 19.2(b) does not apply between L and W. Instead, rule 11
begins to apply between L and D, but L is initially required by rule 15 to
give D room to keep clear. W continues to be required by rule 12 to keep
clear of D and by rule 11 to keep clear of L.
After L becomes overlapped to leeward of D, L has right of way over both
D and W. Therefore, at that time L becomes an obstruction to D and W
and, if W becomes overlapped with D, rule 19.2(b) begins to apply
between D and W. Rule 19.2(b) requires D to give W room to pass
between herself and L unless D has been unable to do so from the time that
W’s overlap with D began.
Question 2
If there is not space for both L and W to pass through the gap between C
and D, does that mean that L has to allow W into the gap and not pass
through the gap herself?
Answer 2
No.
Question 3
According to the definition Obstruction, a boat racing is never a
continuing obstruction. Nevertheless, are there any situations, such as the
one in the diagram, where a row of racing boats sailing close to one
another becomes a continuing obstruction?
Answer 3
No.
World Sailing 2011
CASE 118
Definitions, Mark-Room
Definitions, Room
Rule 18.2(b), Mark-Room: Giving Mark-Room
In the definition Mark-Room, the phrase ‘room to sail to
the mark’ means space to sail promptly in a seamanlike
way to a position close to, and on the required side of, the
mark.
Facts
UM8 and UM10, overlapped on port tack with UM8 inside, approached a
leeward mark to be left to port and subsequently rounded it as shown in
the diagram. The next leg was a beat to windward. The wind was moderate
and the seas negligible. UM8 protested UM10 under rule 18.2(b) for not
giving her room to sail to the mark and round it. The protest committee
decided that UM10 did give UM8 the room she was entitled to and denied
the protest. UM8 appealed.
Decision
In order to sail the course, it was necessary for UM8 to change course from
a broad reach to a close-hauled course as she rounded the mark. Therefore,
her proper course was to sail close to the mark at some point in her turn.
Because UM8 was entitled to mark-room, she was entitled to room, as
defined by the definition Room,
• to leave the mark to port,
• to sail to the mark, and
• to round the mark onto a close-hauled course.
The phrase ‘room to sail to the mark’ means space to sail promptly in a
seamanlike way to a position close to, and on the required side of, the
mark. In this case, UM8 had sailed to the mark at position 3 in the diagram
because the mark was abeam of her bow and she was close to the mark.
Between positions 3 and 5 she was rounding the mark and, therefore,
entitled to room to turn promptly in a seamanlike way from a broad reach
to a close-hauled course.
The diagram indicates the UM10 gave UM8 room to sail to the required
side of the mark and to round it as necessary to sail the course. Therefore,
the protest committee’s application of rule 18.2(b) and the three
components of the definition Mark-Room were correct. UM8’s appeal is
denied and the decision of the protest committee is upheld.
USA 2011/105
CASE 119
Rule 62.1(a), Redress
Rule A3, Starting Times and Finishing Places
When a race is conducted for boats racing under a rating
system, the rating that should be used to calculate a boat’s
corrected time is her rating at the time the race is sailed.
Her score should not be changed if later the rating
authority, acting on its own volition, changes her rating.
Facts
Boat A entered and participated in a race for a perpetual trophy and was
scored by the race committee using the rating on her performance-handicap rating certificate that was in effect at the time of the race. No
protest against her was made, and no boat requested redress claiming that
A had been improperly scored.
Several weeks after the race, the rating authority, acting on its own
volition, changed A’s rating. No changes had been made in A’s hull or
equipment between the end of the race and the time that her rating was
changed. When the race committee learned of the change in A’s rating, it
re-scored the race using the new rating, which made A’s score
significantly worse.
A requested redress, claiming that it was improper for the race committee
to re-score the race. The protest committee agreed and, under rule 62.1(a),
granted A redress by reinstating her original score.
Questions
Was it an improper action of the race committee to re-score the race based
on the change in A’s rating? Was the redress given to A appropriate?
Answers
Re-scoring the race was an improper action of the race committee. A
boat’s rating under a rating system may, from time to time, be changed by
the rating authority even though no changes have been made in the boat’s
hull or equipment. This is particularly common for ratings given under a
performance-handicap rating system. These systems base a boat’s rating,
in part, on her performance in past races, which may change over time.
The rating for a boat at the time a race is sailed is the rating that should be
used by the race committee to calculate her corrected time under rule A3.
The original score given by the race committee to A was calculated based
on A’s rating at the time of the race. Therefore, the redress given to A by
the protest committee was appropriate.
USA 2011/104
CASE 120
Rule 41(c), Outside Help
‘Information freely available’ in rule 41(c) is information
that is available without monetary cost and that may be easily obtained by all boats in a race. Rule 41(c) is a rule
that may be changed for an event provided that the
procedure established in the rules is followed.
Question 1
What is the meaning of the term ‘information freely available’ as used in
rule 41(c)?
Answer 1
‘Information freely available’ means information that is available without
monetary cost and that may be easily obtained by all boats in a race.
‘Easily obtained’ means the information is available from a public source
that competitors can reasonably be expected to be aware of and can locate
with little effort. An example of information found by little effort is
information that can be found near the top of the list of internet addresses
identified by conducting a search for the information using a widely-used
internet search program. Information for which a fee has been paid (even if
that fee is very small) or that is not easily obtained by all boats in a race is
not ‘freely available’. Examples are information supplied only to those
boats that have paid a subscription fee or other fee for the information, and
information whose location on the internet is hidden or obscure.
The costs of equipment or software and fees for communication services
are not costs for the information that can be obtained with that equipment,
software or communications service. For example, a cost to a competitor
for a computer or cell phone and for internet access is not considered a
cost for the information that the competitor can obtain with that
equipment. If there is no charge for access to that information, the
information is ‘freely available’.
However, information is not ‘freely available’ if access to it is limited to
persons who have purchased special-purpose equipment or software from
the person or organization that provides the information. Such information
is not ‘freely available’ even if there is no additional charge made for
receiving the information using the special-purpose equipment or software.
For example, any data or information that can be retrieved at no cost using
an existing internet access account is ‘freely available’. However, data or
information is not ‘freely available’ if it is only accessible if one pays the
person or organization that provides the information for special-purpose
hardware or application software.
In addition to the above considerations, information is not ‘freely
available’ if it becomes available so close to the start of a race that
competitors do not have a reasonable period of time to find it and
familiarize themselves with it. This prevents one competitor from
arranging for data to be posted just before a race, with other competitors
not having the time to find it and familiarize themselves with it.
Note that, in addition to the provisions in rule 41, a class rule may prohibit
certain equipment from being on board a boat, and such a class rule may,
therefore, limit information that a boat may use.
Facts for Question 2
Boat A is a large boat with plenty of space for equipment and a large crew
with a dedicated navigator/weather router on board. She has an Inmarsat or
VSAT system and pays a monthly communications fee of $5000, enabling
large amounts of downloads and browsing of the internet. The boat’s
objective in having very good access to the internet is to have access to
digital weather information for use in routing. All the data used by the boat
are available throughout the year at no charge, to anyone with internet
access. None of the data that is downloaded comes from the Inmarsat or
VSAT communications provider themselves.
Boat B is a 40-foot (12 m) boat with a crew of eight. She uses a tablet
computer with a mobile data card for which she pays a small monthly
communications fee similar to a phone communications fee. The crew
purchased a routing and weather analysis application for use during the
race. The application costs $2000 and is available on the open market for
purchase by anyone. The application includes a paid-in-advance
subscription to weather data that can be downloaded during the race. The
weather data is the same for all boats that have purchased the application.
The weather data is race-specific. The weather data cannot be used with
other weather or routing applications and is not usable without purchasing
the routing and weather analysis application.
Boat C is a 40-foot boat with a crew of eight. She uses a tablet computer
with a mobile data card for which she pays a small monthly
communications fee similar to a phone communications fee. The crew is
downloading hi-resolution weather files for a small monthly subscription
fee. The files are not tailored to the boat; all boats subscribing to the files
receive the same data. Nobody, even ashore with internet access, could
access this data without subscribing and paying for it.
Boat D is a 40-foot boat with a crew of eight. She uses a tablet computer
with a mobile data card for which she pays a small monthly
communications fee similar to a phone communications fee. She
additionally contracts for a subscription for private weather data for
$15,000 for the race. That private weather data includes extremely high
resolution satellite imagery on which every squall can be seen and tracked.
This imagery is not customized for the particular boat and is available to
any boat that pays for it and has the ability to download it.
Question 2
Do any of these boats break rule 41(c) if they receive information using
the services described?
Answer 2
Boat A does not break rule 41(c). She does not pay a fee for the
information she receives. Paying a fee for a communications system, such
as an Inmarsat or VSAT system, and a monthly communication fee that
enables her to communicate and access information on the internet does
not break rule 41(c).
Boat B breaks rule 41(c). The routing and weather information that B
downloads cannot be accessed without the special-purpose software that B
purchased. Therefore she is receiving information that is not freely
available to boats that have not made that purchase.
Boats C and D break rule 41(c). The fees that they pay enable them to
receive weather information that they would not be able to receive if they
had not paid the fees. The requirement to pay a fee for information,
whether it is large or small, means that that information is not available at
no monetary cost, and therefore the information is not ‘freely available’.
Question 3
Can rule 41(c) be changed for a particular event?
Answer 3
Yes. See rule 86.1. Rule 41(c) is a rule that may be changed for an event
provided that the procedure established in the rules for such changes is
followed. Case 121 discusses that procedure.
Question 4
Can the restriction stated in rule 41(c) be changed for an event without
changing the rule?
Answer 4
No.
World Sailing 2012
CASE 121
Rule 85, Changes to Rules
Rule 86, Changes to the Racing Rules
Rule J1.2(1), Notice of Race Contents
Rule J2.2(3), Sailing Instructions Contents
The procedure that must be followed in order to change a
racing rule for an event is described in detail.
Question 1
What is the procedure that must be followed in the notice of race and the
sailing instructions to change a racing rule for a particular event?
Answer 1
The following procedure must be followed:
(1) Determine whether or not the rule you wish to change may be
changed. Rule 86.1(b) states that certain racing rules may not be
changed unless the change is permitted in the rule itself. Rules 86.2
and 86.3 permit exceptions to rule 86.1(b) in certain circumstances.
If the rule may not be changed, any attempt to change it will be
invalid.
(2) Rule 85.1 requires that the specification of a change to any rule,
including a racing rule, must identify the rule being changed and
include a statement of the change in full. After reading that
statement, it should be possible for a reader to know precisely how
the changed rule would read. Also note that, under rule 85.1, an
addition to a rule or deletion of all or part of it is a ‘change’ to the
rule.
(3) The race committee is required by rule 90.2(a) to publish written
sailing instructions that conform to rule J2. Rule J2.2(3) requires
that any change in a racing rule for an event must be stated in the
sailing instructions for that event.
(4) The organizing authority is required by rule 89.2(a) to publish a
notice of race that conforms to rule J1. Under rule J1.2(1), the
organizing authority must decide whether knowledge of a change in
a racing rule would help competitors decide whether to attend the
event or would provide them with information they will need before
the sailing instructions become available. If so, the change in the
racing rule must be stated twice, in the notice of race and in the
sailing instructions.
In addition, when a rule change is made under rule 86.2, a letter of
approval must be obtained from World Sailing, the authorization must be
stated in both the notice of race and the sailing instructions, and the letter
must be posted on the official notice board. When a rule change is made
under rule 86.3, the approval of the national authority may be required.
Question 2
Can a racing rule be changed for an event without following the procedure
described in Answer 1?
Answer 2
No.
World Sailing 2012, revised 2017
CASE 122
Rule 69.2(g), Misconduct: Action by a Protest Committee
An interpretation of the term ‘comfortable satisfaction’ and
an example of its use.
Facts for Question 1
Based on a report that the protest committee received, it believes that a
person (competitor, boat owner or support person) may have broken rule
69.1(a). It has called a hearing and taken the evidence of the party and
witnesses.
Question 1
Rule 69.2(g) requires that, before the committee warns or penalizes the
person, it shall be established to ‘the comfortable satisfaction of the protest
committee, bearing in mind the seriousness of the alleged misconduct’,
that the person has broken rule 69.1(a).
What is the meaning of ‘comfortable satisfaction’ as used in rule 69.2(g)?
Answer 1
‘Comfortable satisfaction’ is one of three standards of proof commonly
used in courts of law or arbitration hearings. The other two standards are
‘proof beyond a reasonable doubt’ and ‘balance of probabilities’. The
‘proof beyond a reasonable doubt’ standard is the strictest of the three
standards. It is usually reserved for serious criminal cases. The ‘balance of
probabilities’ standard (also sometimes referred to as the ‘preponderance
of the evidence’ standard) is the least strict of the three, and it is widely
used in civil legal proceedings.
Both the World Anti-Doping Agency and the Court of Arbitration for
Sport use the ‘comfortable satisfaction’ standard. The World Anti-Doping
Agency uses that standard in hearings to determine whether or not an
athlete has violated the World Anti-Doping Code. Article 3.1 of the code
states that, bearing in mind the seriousness of the allegation, it shall be
established to the ‘comfortable satisfaction’ of the hearing panel that a
violation occurred. Article 3.1 goes on to state, ‘This standard of proof in
all cases is greater than a mere balance of probabilities but less than proof
beyond a reasonable doubt.’
The racing rules do not state which standard of proof a protest committee
should use in a hearing to decide a protest or a request for redress.
However, in most such hearings, the protest committee uses the ‘balance
of probabilities’ standard, which is whether it is more likely than not that
an allegation or claim has been established.
Rule 69.2(g) specifically requires that in a rule 69 hearing the protest
committee use the more strict ‘comfortable satisfaction’ standard. The rule
further requires the seriousness of the alleged conduct to be considered as
an important factor when the committee is addressing whether or not it is
‘comfortably satisfied’ that the alleged offence was committed. The
‘comfortable satisfaction’ standard is always more strict than the ‘balance
of probabilities’ standard but is less strict than the standard of ‘beyond a
reasonable doubt’. In between these two limits, the standard of proof is a
sliding scale, based on the seriousness of the allegations before the
committee.
It is also a fundamental principle in disciplinary proceedings that a person
must be regarded as innocent until any allegation is proven. Therefore part
of the ‘comfortable satisfaction’ test is whether or not the evidence
presented to the committee is sufficient to mean the person is no longer
presumed to be innocent.
The last sentence of the Terminology section of the Introduction implies
that the words ‘comfortable’ and ‘satisfaction’ are used in rule 69.2(g) in
‘the sense ordinarily understood in . . . general use.’ Both ‘comfortable’
and ‘satisfaction’ are frequently used in everyday speech, and so most
judges will be familiar with how they are generally used. Judges could also
consider whether they feel ‘uncomfortable’ with any conclusion reached.
If they are uncomfortable, then they are not ‘comfortably satisfied’.
Note that in a rule 69 hearing, the protest committee must answer ‘Yes’ to
both of the following questions before it warns or penalizes a competitor
or boat under rule 69.2(h) or 69.2(i):
• Is the committee comfortably satisfied that the facts found
establish that the alleged conduct occurred?
• Is the committee comfortably satisfied that the conduct that
occurred was misconduct sufficiently serious to warrant the
warning or penalty?
As rule 69.1(b) states, an act of misconduct may be a breach of good
manners or sportsmanship, unethical behaviour, or conduct that may bring
the sport into disrepute.
Question 2
Please provide a plausible example of a report of an incident alleging
misconduct and a report of a hearing under rule 69.2 in which the
‘comfortable satisfaction’ standard is used.
Answer 2
Boat A had been presented for pre-event measurement and a required
corrector weight was properly attached under a floorboard that was held in
place by several screws. During the event, A was spot checked by a
member of the technical committee, and the corrector weight was missing.
The technical committee protested the boat for breaking rule 78.1 and rule
2, and at the conclusion of a hearing of that protest, the protest committee
disqualified A for breaking those rules.
Acting under rule 69.2(b) and (e), the protest committee then decided to
call a hearing and, in its notice to A’s crew, it alleged that the crew had
removed the corrector weight, and that that action was an act of
misconduct and, therefore, a breach of rule 69.1(a). Boat A was
represented at the hearing by P, who was the helmsman of A and the
person in charge of A. P denied having any knowledge of the missing
corrector weight. He explained that the boat was left unlocked and
unattended every night. He alleged that somebody else had removed the
corrector weight during the night. A’s crew were called as witnesses. They
also testified that they had no knowledge of the missing weight and that
they had seen no evidence that the floorboard had been removed and
replaced.
Nearly all the evidence supported the allegation that a member of A’s crew
had removed the corrector weight. Because tools were needed to remove
the weight, the committee concluded that the weight had been removed
deliberately (not accidentally). A gained an advantage by the weight’s
removal, and its removal was not likely to be discovered because the
floorboard was screwed into place. The only contradictory evidence was
that each member of the crew denied having removed the weight. The
protest committee concluded that it was comfortably satisfied that a
member of A’s crew had removed the weight and that that action
constituted an act of misconduct and, therefore, a breach of rule 69.1(a). A
was penalized under rule 69.2(h)(2) by being scored DNE for all races in
the event.
Because nearly all the evidence supported the allegation, the committee
would have reached the same conclusion had it used the ‘balance of
probabilities’ standard of proof. However, if the committee had used the
‘beyond a reasonable doubt’ standard, it might well have reached a
different conclusion. No member of A’s crew ever admitted removing the
weight, and it was, in principle, possible that someone else could have
removed it because the boat was often left unattended and unlocked.
Therefore, there was a possibility that the weight could have been removed
without the knowledge of A’s crew. Consequently, if the standard of proof
had been ‘beyond a reasonable doubt’, the committee probably would not
have concluded that a member of A’s crew removed the weight.
World Sailing 2012
CASE 123
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
When it would be clear to a competent, but not expert,
sailor at the helm of a starboard-tack boat that there is
substantial risk of contact with a port-tack boat, the
starboard-tack boat breaks rule 14 if contact occurs and
there was still time for her to change course sufficiently to
avoid the contact.
Facts for Question 1
In a fleet race with 10 knots wind, two one-design dinghies, each 5 metres
in length, are approaching each other on close-hauled courses. S is on
starboard tack and P is on port tack. Both boats hold their course and
speed. There is contact between S’s bow and P’s starboard quarter, about
20 centimetres from P’s stern, causing damage. Neither boat takes a
penalty. S protests P.
Question 1
How do the rules apply to this incident? In particular, did S break rule 14?
Answer 1
In this situation P judged incorrectly that she would cross ahead of S
without breaking rule 10. P could have tacked to leeward of S and thereby
kept clear of S and avoided the contact. Because P failed to do so, she
broke both rule 10 and rule 14 and is disqualified.
Rule 14 requires a boat, including a right-of-way boat, to avoid contact if
reasonably possible. However, rule 14(a) also states that a right-of-way
boat need not act to avoid contact until it is ‘clear’ that the other boat is not
keeping clear. In the conditions described, when P’s bow crossed in front
of S’s bow it would be clear to a competent, but not expert, sailor at the
helm of S that there was substantial risk of contact and therefore that P
was not keeping clear. At that moment there was still time for S to bear
away sufficiently to avoid the contact, and therefore S broke rule 14.
Because the contact caused damage, S is disqualified and is not exonerated
(see rule 14(b)).
Facts for Question 2
The facts are the same as those for Question 1, except that just before the
contact occurs S bears away slightly in an attempt to avoid P. However S
misjudges the manoeuvre and there is contact that causes damage.
Question 2
Did S break rule 14?
Answer 2
As noted in Answer 1, at the time it became clear that P was not keeping
clear, there was still time for S to bear away sufficiently to avoid the
contact. Therefore, it was reasonably possible for S to have done so. She
failed either to bear away sufficiently or to begin to bear away early
enough, but that does not mean that it was not reasonably possible for her
to have avoided the contact. Therefore, S broke rule 14 despite having
borne away slightly before the contact occurred. Because the contact
caused damage, S is disqualified and is not exonerated.
World Sailing 2013
CASE 124
Rule 19.2(a), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 21(a), Exoneration
At any point in time while two boats are approaching an
obstruction, the right-of-way boat at that moment may
choose to pass the obstruction on either side provided that
she can then comply with the applicable rules.
Facts
While racing, boats AW and BL are approaching an obstruction that can
be passed on either side. Both boats are heading towards the middle of the
obstruction. At position 1, AW is clear ahead by a very narrow margin and
on a track to windward of BL. At position 2, they have become overlapped
with AW to windward of BL.
At position 1, AW is clear ahead and thus has right-of-way under rule 12.
When the overlap between them begins, BL becomes the right-of-way boat
under rule 11.
Question
Rule 19.2(a) states that the right-of-way boat may choose to pass the
obstruction on either side. How can we determine which boat has the right
to choose in this situation?
Answer
At any point in time, the right-of-way boat at that moment is entitled by
rule 19.2(a) to choose on which side she will pass the obstruction.
Therefore, while AW is clear ahead of BL, she has the right to choose to
pass the obstruction on either side. When the boats become overlapped,
AW loses that right, and at that time BL has the right to choose.
When a right-of-way boat acts to implement a choice she has made under
rule 19.2(a), she must comply with any applicable rules of Sections A and B.
Rule 19.2(b) applies if the boats are overlapped. In that case, the outside
boat must give the inside boat room between her and the obstruction,
unless she has been unable to do so from the time the overlap began. Rule
21(a) applies while the inside boat is taking the room to which she is
entitled under rule 19.2(b).
World Sailing 2013
CASE 125
Definition, Obstruction
Definition, Room
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an
Obstruction
Rule 21(a), Exoneration
When an outside overlapped boat is required to give room
to one or more inside boats to pass an obstruction, the
space she gives must be sufficient to permit all the inside
boats to comply with their obligations under the rules of
Part 2.
Facts
Boats PW, PM and PL are close-hauled and overlapped on port tack. Boat
S is close-hauled on starboard tack. PW is on a collision course with S.
PM and PL do not need to change course to pass safely astern of S. PW
bears away to pass astern of S without making contact, and PM bears away
to give her just enough space to do so. PL holds her course and there is
contact between PM and PL, without damage or injury. No boat takes a
penalty. PM protests PL.
Question
How do the rules apply to this incident and which boat or boats should be
disqualified?
Answer
S was an obstruction to PW, PM and PL because each of them would need
to change course substantially if she were sailing directly towards S and
were one hull length from S, and because they all were required by rule 10
to keep clear of S (see definition Obstruction). PL had the right under rule
19.2(a) to choose to pass S on either side because she had right of way
over both PM and PW. However, PL was not entitled to hail for room to
tack under rule 20 because she did not need to change course to avoid S
(see rule 20.1(a)). As PL passed astern of S, rule 19.2(b) required PL to
give room to both PM and PW to pass between her and S. Rule 19.2(b)
also required PM to give PW room.
The space that PL was required to give to PM and PW included enough
space for PM to give PW room and for PM to keep clear of PL, as well as
space for PW to keep clear of both S and PM (see the definition Room).
PL did not give that space. Therefore, she broke rule 19.2(b), and should
be disqualified. PL also broke rule 14 because the contact could have been
avoided if PL had given PM and PW enough space. However, because PL
had right of way over PM and there was no damage or injury, PL is
exonerated under rule 14(b) for her breach of rule 14.
PM broke rule 11, but she is exonerated under either rule 21(a) or rule
64.1(a). PM did not break rule 14 because it was not possible for her to
have avoided making contact, either with PL or with PW. (See Case 11 for
discussion of a similar situation.)
World Sailing 2013
CASE 126
Rule 24.2, Interfering with another Boat
For the purpose of determining whether rule 24.2 applies
to an incident, a boat is sailing on the leg which is
consistent with her course immediately before the incident
and her reasons for sailing that course.
Facts for Question 1
The course for a race begins with a windward leg to the windward mark,
followed by a short reach to an offset mark and then a run to the leeward
mark. Boats L and W sail the windward leg and round the windward mark
and the offset mark. On the run, while L and W are on the same tack
sailing towards the leeward mark, L luffs W, and W responds and keeps
clear. After the race, W learns that L had failed to start and has been
scored OCS. W protests L alleging that L broke rule 24.2.
Question 1
For the purposes of rule 24.2, were L and W sailing on the same leg of the
course or different legs when L luffed W?
Answer 1
For the purpose of determining whether rule 24.2 applies to an incident, a
boat is sailing on the leg which is consistent with the course she is sailing
before the incident and with her reasons for sailing that course. L had not
started, but she was unaware that she had made that error. Therefore, L
was sailing on the leg of the course to the leeward mark. Clearly W was on
the same leg. Therefore, when L luffed W, rule 24.2 did not apply between
them.
Facts for Question 2
The facts are the same as for Question 1, but with these differences: L
started correctly, but she was unaware of the requirement to round the
offset mark and she failed to round it on the required side. After rounding
the windward mark she sailed towards the leeward mark until she luffed
W.
Question 2
For the purposes of rule 24.2, were L and W sailing on the same leg of the
course or different legs when L luffed W?
Answer 2
Clearly W was sailing on the leg to the leeward mark. Because L was
unaware of the requirement to round the offset mark and had been sailing
towards the leeward mark from the time she rounded the windward mark
until she luffed W, L was also sailing on the leg to the leeward mark.
Therefore, when L luffed W, rule 24.2 did not apply between them.
Facts for Question 3
The facts are the same as for Question 2, but with these differences: After
L had sailed part of the way to the leeward mark, she realized that she had
failed to round the offset mark and she turned back to correct her error.
While L was beating to windward to the offset mark she encountered boat
X. X had rounded the windward mark and the offset mark and was running
towards the leeward mark on the same tack as L. L deviated from her
proper course to the offset mark in order to luff X. X protested L alleging
that L broke rule 24.2.
Question 3
For the purposes of rule 24.2, were L and X sailing on the same leg of the
course or different legs when L luffed X?
Answer 3
Clearly X was sailing on the leg to the leeward mark. When L realized that
she failed to round the offset mark and turned to sail towards the offset
mark, she was no longer sailing on the leg to the leeward mark and had
begun to sail on the leg from the windward mark to the offset mark. She
was sailing on that leg when she encountered X. Therefore, the boats were
sailing on different legs when L luffed X. Rule 24.2 did apply between L
and X, and L broke it.
World Sailing 2013
CASE 127
Definition, Racing
A boat clears the finishing line and marks when no part of
her hull, crew or equipment is on the line, and no mark is
influencing her choice of course.
Question
The definition Racing states that a boat that ‘finishes and clears the
finishing line and marks’ is no longer racing. When does a boat ‘clear’ the
finishing line and marks?
Answer
A boat clears the finishing line and marks when the following two
conditions are met: no part of her hull, crew or equipment is on the line,
and no finishing mark is influencing her choice of course.
For example, a boat that clears the finishing line and then continues to sail
toward a finishing mark, where current sets her into the mark, is still
racing and has broken rule 31. However, a boat that crosses the finishing
line, and sails to a position at which no finishing mark is influencing her
choice of course, is no longer racing. If, later, she hits a finishing mark,
she does not break rule 31.
World Sailing 2013
CASE 128
Definition, Finish
Rule 28.2, Sailing the Course
Rule 31, Touching a Mark
Rule A5, Scores Determined by the Race Committee
If a boat makes an error under rule 28.2 or breaks rule 31
at the finishing line and finishes without correcting her
error or taking a penalty, she must be scored points for the
place in which she finished. She can only be penalized for
breaking rule 28.2 or rule 31 if she is protested and the
protest committee decides that she broke the rule.
Facts for Question 1
All the boats in a race, with the exception of boat A, sailed to the finishing
line from the last mark and then finished by crossing the line from its
course side leaving the committee vessel to starboard and mark F to port.
As shown in the diagram, A left mark F to starboard, bore away, sailed
completely to the course side of the finishing line, and, shortly after
position 3, finished. A then sailed into the harbour. Members of the race
committee observed A sail the course shown in the diagram. The rules of
Appendix A applied.
Question 1
What should the race committee do in this situation?
Answer 1
The race committee is required by rule A4.1 to score A points for the place
in which she finished.
To comply with rule 28.2, a string representing a boat’s track must, when
drawn taut, pass mark F on the required side. A made an error under rule
28 at the line because the string representing her track, when drawn taut,
passes mark F on the wrong side. A did not correct that error, and
therefore she broke rule 28.2. As rule A5 states, only the protest committee
may penalize A for her breach. Therefore, A can be penalized only if a
valid protest is made against her and the protest committee decides that
she broke the rule.
As rule 60.2(a) states, the race committee may protest A. If it decides to do
so, it must inform her that it intends to protest and deliver its written
protest within the time limit of rule 61.3 (see rule 61.1(b)). In addition, the
protest committee or a boat may protest A.
Facts for Question 2
The race committee observes boat B touch the finishing mark as she
crosses the finishing line. B does not take a penalty and sails into the
harbour.
Question 2
What should the race committee do?
Answer 2
B finished when her bow crossed the finishing line just before position 2.
The race committee is required by rule A4.1 to score B points for the place
in which she finished.
As rule 60.2(a) states, the race committee may protest B. If it decides to do
so, it must inform her that it intends to protest and deliver its written
protest within the time limit of rule 61.3 (see rule 61.1(b)). In addition, the
protest committee or a boat, if the boat saw B touch the mark, may protest
B (see rules 60.1(a) and 60.3(a)).
World Sailing 2013
CASE 129
Definition, Finish
Rule 28, Sailing the Course
Rule 32.2(a), Shortening or Abandoning after the Start
Rule 62.1(a), Redress
When the course is shortened at a rounding mark, the mark
becomes a finishing mark. Rule 32.2(a) permits the race
committee to position the vessel displaying flag S at either
end of the finishing line. A boat must cross the line in
accordance with the definition Finish, even if in so doing
she leaves that mark on the side opposite the side on which
she would have been required to leave it if the course had
not been shortened.
Facts for Question 1
The sailing instructions state that all rounding marks, including the
windward mark, are to be left to port. Due to insufficient wind the race
committee shortens the course by displaying flag S (with two sounds) from
a staff on a committee boat anchored near the windward mark.
The committee sets the finishing line as shown in the diagram. At the time
that flag S is displayed, the boats are between the last rounding mark and
the finishing line. Boats A and B approach the finishing line, see flag S
and sail the courses shown in the diagram.
Question 1
After the race committee shortens the course, are boats still required to
leave the windward mark to port and to ‘hook round’ it (as B does), or are
they required to cross the finishing line from the course side (as A does)?
Answer 1
After the race committee shortens the course, the windward mark is no
longer a rounding mark. It becomes a finishing mark (see rule 32.2(a)). To
comply with rule 28, boats must finish in accordance with the definition
Finish. Therefore, they must cross the finishing line from its course side.
A finishes in accordance with the definition; B does not finish.
Additional Facts for Question 2
Boat B requests redress claiming that positioning the committee boat as
shown in the diagram was an improper action of the race committee
because it was not clear from reading the racing rules and the sailing
instructions in which direction boats were required to cross the finishing
line.
Question 2
Was it an improper action of the race committee to anchor the committee
boat displaying flag S where it did?
Answer 2
No (even though this action was not good race management practice).
When the course is shortened at a rounding mark, rule 32.2(a) permits the
race committee to position the vessel displaying flag S at either end of the
finishing line. Rule 28 clearly requires boats to cross the finishing line in
accordance with the definition Finish. The definition Finish cannot be
changed by a sailing instruction (see rule 86.1(b)).
World Sailing 2013
CASE 130
Deleted
CASE 131
Rule 78.2, Compliance with Class Rules; Certificates
Rule A5, Scores Determined by the Race Committee
At the end of an event, if a boat has broken rule 78.2 by not
producing a required certificate or arranging for its
existence to be verified, the race committee is required,
without a hearing, to score her ‘DSQ’ for all races of the
event.
Facts
A rule in the sailing instructions for an event requires that a certificate be
produced or its existence verified before a boat races. One boat does not
comply with this requirement, but before the first race she provides the
race committee with a statement signed by the person in charge that the
boat has a valid certificate. At the end of the event, the certificate has
neither been produced nor verified.
Question
Is the race committee permitted to score the boat ‘DSQ’ for all races
without a hearing?
Answer
Yes. In fact, it is required to do so (see rules 78.2 and A5).
World Sailing 2013, revised 2017
CASE 132
Rule 18.1(a), Mark-Room: When Rule 18 Applies
Rule 42.3(c), Propulsion: Exceptions
A boat is ‘on a beat to windward’ when the course she would sail to finish as soon as possible in the absence of all
other boats is a close-hauled course or above.
Question
The phrase ‘on a beat to windward’ is used in rules 18.1(a) and 42.3(c).
When is a boat on a beat to windward?
Answer
For the purposes of rules 18.1(a) and 42.3(c), a boat is on a beat to
windward when the course she would sail to finish as soon as possible in
the absence of all other boats is a close-hauled course or above.
When a boat is on a windward leg, she is not necessarily on a beat to
windward. An example is a boat that has overstood a windward mark and,
in the absence of other boats, would therefore sail below close-hauled to
finish as soon as possible. Such a boat may have overstood the mark either
by sailing beyond the layline to the mark or because a change in wind
direction has made it possible for her to sail to the mark on a course below
close-hauled.
Also, when a boat is on a reaching or a downwind leg, there are
circumstances in which she may be on a beat to windward. This can
happen when a boat has been swept by current below the rhumb-line to a
reaching mark, or there has been a change in wind direction, and as a
result the course the boat would sail to finish as soon as possible in the
absence of other boats has become a close-hauled course or above.
World Sailing 2013
CASE 133
Withdrawn for Revision
CASE 134
Definitions, Proper Course
Rule 17, On the Same Tack; Proper Course
A boat’s proper course at any moment depends on the
existing conditions. Some of those conditions are the wind
strength and direction, the pattern of gusts and lulls in the
wind, the waves, the current, and the physical
characteristics of the boat’s hull and equipment, including
the sails she is using.
Facts
Two boats, W and L, are sailing downwind on the same tack in conditions
where they would normally use spinnakers in place of headsails to finish
as soon as possible. The next mark is directly downwind from their current
positions.
W has a problem hoisting her spinnaker and L, sailing faster, establishes a
leeward overlap from clear astern and is subject to rule 17. In order to gain
a tactical advantage over W, L decides to continue sailing with her
headsail and to delay hoisting her spinnaker.
L then sails the course that results in the best VMG (‘velocity made good’,
velocity towards the next mark) for a boat sailing downwind with a
headsail. That course is above the course that would result in her best
VMG if she were using her spinnaker.
W protests L alleging that, by not hoisting her spinnaker and sailing a
lower, faster course in order to finish as soon as possible, L breaks rule 17.
In the hearing L’s representative stated that, to finish as soon as possible in
the absence of W, L would have hoisted her spinnaker and sailed a faster
and lower course.
Question
When L delayed hoisting her spinnaker and instead sailed the course that
resulted in the best VMG for a boat sailing downwind with a headsail, did
she break rule 17 by sailing above her proper course?
Answer
No. A boat’s proper course at any moment depends on the existing
conditions. Some of those conditions are the wind strength and direction,
the pattern of gusts and lulls in the wind, the waves, the current, and the
physical characteristics of her hull and equipment. The sails that she has
set are part of her equipment and, therefore, one of the conditions on
which her proper course depends. While L was sailing with her headsail,
her proper course was the course that gave her the best VMG with her
headsail, and not her spinnaker, set. L did not sail above that course so she
did not break rule 17.
There is no requirement in the racing rules for a boat to hoist her spinnaker
at any particular time or for her to finish as soon as possible. There could
be a variety of reasons, including tactical considerations, why a boat would
not use a spinnaker. Therefore, even though L stated that in the absence of
W she would have hoisted her spinnaker and sailed a lower course, L
broke no rule by continuing to sail with her headsail instead of her
spinnaker. (See Case 78 for a discussion of tactics that interfere with or
hinder another boat’s progress.)
World Sailing 2014
CASE 135
Definitions, Keep Clear
Rule 62.1(b), Redress
If a boat breaks a rule of Part 2 by failing to keep clear, the
right-of way boat, or a third boat, may be entitled to
redress if she is physically damaged, even if the damage is
not caused directly by a collision with the boat that was
required to keep clear.
Facts for Question 1
Two dinghies, P on port tack and S on starboard tack, are on a collision course on a beat to windward in strong wind (more than 20 knots). P
holds her course and, when it becomes clear to S that P is not
keeping clear, S immediately and rapidly tacks onto port tack to avoid P. Despite S’s attempt to avoid P, there i s contact between the boats,
but it does not cause damage. However, while tacking to avoid P, S capsizes and in capsizing, the helmsman falls and damages the tiller.
After righting the boat, the tiller cannot be repaired and S retires from the race. P takes a Two-Turns Penalty and finishes the race. S requests
redress under rule 62.1(b).
Question 1
Is S entitled to redress if her request is valid?
Answer 1
Rule 62.1(b) does not require physical damage (or injury) to have been caused directly by the boat that was breaking a rule of Part 2. It is
sufficient that any physical damage (or injury) was the probable
consequence of the action of the boat breaking a rule. B is entitled to redress provided that the protest committee concludes that
• P broke rule 10;
• a collision was probable, and S took avoiding action as soon as it was clear that P was not keeping clear;
• the capsize and the helmsman’s fall were the result of P not
keeping clear and not the result of poor seamanship by S; and
• the damage was not due to the tiller previously having been in
poor condition.
Facts for Question 2
Two boats, A and B, are on a collision course in strong winds. A is
required to keep clear of B. A holds her course and, when it becomes
clear to B that A is not keeping clear, B immediately and rapidly
makes a large change in course to avoid A. There is no contact
between A and B. However, while manoeuvring to avoid potentially
damaging contact with A, B collides with C, a third boat nearby. C is damaged and loses several places. A takes a Two-Turns Penalty and
finishes the race. C requests redress under rule 62.1(b).
Question 2
Is C entitled to redress if her request is valid?
Answer 2
Yes, provided that the protest committee concludes that
• A broke a rule of Part 2;
• a collision was probable, and B took avoiding action as soon as it
was clear that A was not keeping clear;
• the damage to C was the result of A not keeping clear and not the
result of poor seamanship by B; and
• after B began to change course, it was not reasonably possible for
C to have avoided the collision and resulting damage.
See also Case 110.
World Sailing 2014
CASE 136
Rule 29.1, Recalls: Individual Recall
Rule 63.6, Hearings: Taking Evidence and Finding Facts
In finding facts, a protest committee will be governed by the
weight of evidence. In general, a race committee member
sighting the starting line is better placed than any
competing boat to decide whether a boat was over the line
at the starting signal and, if so, whether she returned and
started correctly.
Facts
At the starting signal, the race committee member sighting the line judged
three boats to be over the line. Flag X was promptly displayed with a
sound signal, and it remained displayed for the required amount of time
(see rule 29.1). Another race committee member, at the other end of the
line, confirmed the identity of the three boats and that they had not
returned and restarted correctly. All three boats were scored OCS. One of
these three boats completed the course and finished first. On learning that
she had been scored OCS, she requested redress, maintaining that she had
returned and started correctly. She called as witnesses two other
competitors who had been close by and who believed that she had returned
and started correctly.
Question 1
May the decision of the race committee that a boat has not started or
restarted correctly be overruled on the basis of other evidence? If so, in
what circumstances?
Answer 1
Yes, if the protest committee is satisfied on the weight of the evidence that
the race committee members sighting the line and observing the boats after
the starting signal were not watching while the boat was crossing the
starting line or carrying out the returning manoeuvre, or were mistaken as
to the identity of the boat.
Question 2
In assessing the weight of evidence in such a case, should the protest
committee attach more weight to that of race committee members?
Answer 2
The evidence of race committee members, who are in the best position to
judge, is usually more reliable.
Question 3
If the issue is simply whether a boat was ‘over’ the starting line, or
whether it had ‘wholly’ returned, is a person who was not in a position to
sight along the line a competent witness?
Answer 3
See Answer 2. A race committee member sighting directly along the line
at all relevant times is in the best position to make such a judgment.
RYA 1984/8
CASE 137
Rule 63.4(b), Hearings: Conflict of Interest
When deciding if a conflict of interest is significant, the
protest committee should take into account the degree of
conflict, the level of the event and the overall perception of
fairness.
Facts
After a declaration of a conflict of interest by a protest committee member,
one of the parties does not consent to the person remaining as a member of
the protest committee.
Question
How should the protest committee decide if the conflict is significant or
not, as required by rule 63.4?
Answer
The member concerned should not be present during this decision process.
Rule 63.4(c) requires the other members of the protest committee to
consider the degree of conflict. For example, a parent/child relationship
will almost certainly create a high degree of conflict, while more distant
relationships will generally create diminishing degrees of conflict as the
distance increases. Similarly, an employer/employee relationship could
create a high degree of conflict.
Rule 63.4(c) also requires the level of the event to be considered. At some
levels of event it is not practical to find suitable protest committee
members who have no conflict of interest, yet the event still needs the
service of a protest committee. It may be possible to balance the conflict
between two or more protest committee members.
The protest committee should also consider if the perception of fairness is
best served by having more members on the protest committee or by not
including a person with a conflict. The protest committee may also take
into account the strength of feeling of the parties and if their concerns are
shared or confined to one party.
World Sailing 2016
CASE 138
Rule 2, Fair Sailing
Rule 69, Misconduct
Generally, an action by a competitor that directly affects
the fairness of the competition or failing to take an
appropriate penalty when the competitor is aware of
breaking a rule, should be considered under rule 2. Any
action, including a serious breach of rule 2 or any other
rule, that the committee considers may be an act of
misconduct should be considered under rule 69.
Question 1
When there has been an action by a person that might be considered to be
bad sportsmanship or misconduct, what actions might constitute
misconduct?
Answer 1
Rule 69 covers all acts of misconduct, and may range from a very minor
misdemeanour to a very significant act of bad sportsmanship or bringing
the sport into disrepute. The following actions should be considered as
examples of acts of misconduct, but they are not exclusive examples and
this is not a definitive list:
1. Engaging in any unlawful activity (for example, theft, assault,
criminal damage)
2. Engaging in any activity which may bring the sport into disrepute
3. Bullying, discriminatory behaviour and intimidation
4. Physical or threatened violence
5. Acting recklessly or in manner that does, or is likely to, cause
damage or injury
6. Disobeying the reasonable instructions of event officials
7. Intentionally breaking a rule or inciting others to break a rule
8. Interference with another competitor's equipment
9. Repeated breaches of a rule
10. Failing to act to prevent your boat or team breaking a rule when you
are aware of that breach
11. Not telling the truth or the whole truth in a hearing
12. Other forms of cheating such as falsifying personal, class or
measurement documents, entering a boat known not to measure,
missing out a mark to gain places, etc.
13. Foul or abusive language that causes or may cause offence
14. Making abusive or disrespectful comments concerning race officials
or their decisions (including via electronic means such as social
media)
Question 2
When should a protest committee proceed under rule 2 and when should it
proceed under rule 69?
Answer 2
A boat may be protested for a breach of rule 2 and the protest committee is
required to hear and decide the protest. To uphold a protest for an alleged
breach of rule 2, the protest committee is required to clearly establish that
a boat has not competed in compliance with recognized principles of
sportsmanship and fair play. It follows that the action must directly
involve the competition for a breach of rule 2 to be established.
A protest committee may protest a boat for a breach of rule 2, but it may
decide that action under rule 69 is more appropriate, or in some
circumstances action under both. Generally, an allegation of an action that
directly affects the competition should be subject to protest under rule 2.
An action that is considered to be an act of misconduct and that does not
directly affect the competition should be subject to action under rule 69.
A protest and the subsequent hearing under any rule, including rule 2, may
reveal conduct that the protest committee considers to be an act of
misconduct. In that case it may be appropriate for the protest committee to
take separate action under rule 69.
Facts for Question 3
A boat is sailing upwind on port tack and attempts to cross ahead of a boat
on starboard tack. The port-tack boat misjudges the cross and fails to keep
clear.
Question 3
Has the port-tack boat intentionally broken a rule?
Answer 3
No. A misjudgment such as this is common during a race and is not unfair
sailing or an act of misconduct. In order for it to be unfair sailing or an act
of misconduct, there must be evidence that the boat knew or should have
known that she would not make the cross and attempted to do so anyway.
However, when the port-tack boat realizes that she has failed to keep clear,
she has knowingly broken a rule and must take the appropriate penalty.
Otherwise she has broken a recognized principle of sportsmanship (see
Basic Principles, Sportsmanship and the Rules).
World Sailing 2016
CASE 139
Rule 69.2(j), Misconduct: Action by a Protest Committee
Examples illustrating when it would be ‘appropriate’ under
rule 69.2(j)(3) to report a rule 69 incident to a national
authority or World Sailing.
Facts
The protest committee has found that a competitor or support person has
committed an act of misconduct and imposed a penalty under rule 69.
Question 1
When should the protest committee report the breach to the national
authority of the person or to World Sailing?
Answer 1
Rule 69.2(j) requires a report to the national authority or to World Sailing
when the penalty applied is greater than DNE for one race, if the person
has been excluded from the venue or in other cases when the protest
committee considers it ‘appropriate’. It would be ‘appropriate’ to report in
the following circumstances, as examples:
(1) In a single race event the protest committee believes that the penalty
for the breach would have been more than DNE for one race if it
were in a multiple race event. This might be because of the
seriousness of a single breach or a number of lesser breaches.
(2) A support person is found in breach of rule 69 and would have been
excluded from the venue, but the event is now into its last day and
exclusion from the venue would be ineffective.
(3) The protest committee has good reason to believe that the person
who has breached rule 69 has previously been penalized for a breach
of rule 69.1(a) and especially if the breach is similar.
(4) The breach has an impact on events beyond the jurisdiction of the
protest committee. For example, selection or qualification for
another event and the breach has adversely affected the selection or
qualification of another competitor.
Question 2
Should the report be sent to the national authority or World Sailing?
Answer 2
The report is only sent to World Sailing when the breach occurs at specific
international events as listed in World Sailing Regulation 35, Disciplinary
Code. Otherwise the report is to be sent to the national authority of the
person(s) found to have breached rule 69 (not necessarily to the national
authority of the boat owner or venue).
World Sailing 2016
CASE 140
Rule 30.3, Starting Penalties: U Flag Rule
Rule 30.4, Starting Penalties: Black Flag Rule
Rule 62.1, Redress
Rule 64.1(b), Decisions: Penalties and Exoneration
How the rules apply when a boat is compelled to cross the
starting line by another boat that was breaking a rule of
Part 2.
Facts for Question 1
A race is started under rule 30.3, U Flag Rule, or 30.4, Black Flag Rule.
Twenty seconds before the starting signal there is an incident between
boats A and B. The race committee identifies part of A on the course side.
A does not return to the pre-start side of the starting line, but continues
sailing the course and finishes. The race committee scores her UFD or
BFD, as appropriate.
A lodges a valid protest against B. The protest committee disqualifies B
for breaking a rule of Part 2. The committee finds that B, as a consequence
of breaking a rule, has compelled A to break rule 30.3 or 30.4. It also finds
that there was no injury or physical damage, and that B did not break rule
2, Fair Sailing.
Question 1
May the protest committee exonerate A for her breach of rule 30.3 or 30.4,
and score her in her finishing position, even though A has never started
according to the definition Start?
Answer 1
No. A has broken rule 30.3 or 30.4, but she has also broken rule 28.1 by
failing to start (see the definition Start). B’s breach compelled A to break
rule 30.3 or 30.4. However, it did not prevent A from sailing back to the
pre-start side of the starting line and starting correctly. The protest
committee may exonerate A under rule 64.1(a) for her breach of rule 30.3
or 30.4, and if so, the race committee shall score her DNS under rule A5.
Had A returned to the pre-start side of the starting line, started correctly,
sailed the course and finished, the protest committee could have
exonerated her for the breach of rule 30.3 or 30.4 and scored her in her
finishing position.
Facts for Question 2
The race is started under rule 30.4, Black Flag Rule. The facts are the same
as for Question 1, but this time there is a general recall. A’s sail number is
properly displayed as required by rule 30.4. Before the restart, A informs
the race committee that she intends to protest B for breaking a rule of Part
2 in the recalled start. A starts, sails the course and finishes the restarted
race. The race committee scores her DNE. A lodges a protest against B for
the breach in the initial start and requests redress. In her request she claims
that the race committee acted improperly when it scored her DNE.
Question 2
If the protest committee decides that B broke a Part 2 rule and, when she
did so, compelled A to break rule 30.4, may the committee give A redress
by scoring her in her finishing position in the restarted race?
Answer 2
No. A initially broke the first sentence of rule 30.4 and was identified on
the course side of the starting line. Then her sail number was properly
displayed according to rule 30.4. Because the race committee displayed
A’s sail number after a general recall, the penultimate sentence of rule
30.4 prohibited A from sailing in the restarted race. By starting in the
restarted race, she breaks the penultimate sentence of rule 30.4. The race
committee does not make a mistake when it scores her DNE. A is not
entitled to redress because the race committee does not act improperly.
Facts for Question 3
The facts are the same as for Question 2 but this time A does not sail in the
restarted race. When she comes ashore, she protests B for the incident in
the initial start. The protest committee decides B broke a rule of Part 2 for
which she cannot be penalized (see rule 36).
Question 3
If the protest committee decides that B broke a Part 2 rule and, when she
did so, compelled A to break rule 30.4, may the protest committee change
A’s BFD score?
Answer 3
Yes, the protest committee will exonerate A for breaking rule 30.4 and
will correct her score from BFD to DNS in the restarted race. However,
she is not entitled to redress because the race committee did not act
improperly.
World Sailing 2016
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